General Terms and Conditions
Scope of these General Terms and Conditions
Offer and Conclusion of Contract
Prices and Payment Terms
Delivery and Delivery Date
Duties of the Customer
Transfer of Risk
Retention of Title and Insurance of Goods subject to Retention of Title
Data Privacy Notice
Scope of these General Terms and Conditions
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to all services, deliveries and offers provided by us and all contracts concluded between us and you as our customer in this context, unless expressly agreed otherwise.
1.2 The GTC shall apply irrespective of whether you are a consumer, entrepreneur or merchant, unless otherwise separately regulated below by the introduction “Entrepreneur:” or “Consumer:”. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
1.3 All agreements made between you and us in connection with the contract result in particular from these GTC, our offer or our written order confirmation and our declaration of acceptance.
1.4 Unless expressly agreed otherwise, these GTC shall also apply to all future legal transactions between us and our customers. The version of the GTC valid at the time of conclusion of the contract shall be authoritative. All agreements made between the customer and us for the purpose of executing this contract shall be set down in text form, e.g. by fax or e-mail (but not by SMS or WhatsApp or comparable messengers). Verbal subsidiary agreements must be in text form in order to be valid.
1.5 We do not accept any deviating or conflicting terms and conditions of the customer and hereby expressly object to them. This shall also apply if we do not expressly object to their inclusion or if we carry out the delivery or service to the customer without reservation in the knowledge that the customer’s terms and conditions conflict with or deviate from our GTCs.
Offer and Conclusion of Contract
2.1 The presentation and advertising of projects in our catalogs or brochures does not constitute a binding offer to conclude a contract, but an invitation to you to commission the services described in the catalog and to submit a corresponding offer to conclude a contract with us.
2.2 Likewise, our offers are subject to change and non-binding. By sending us an order by fax or email, you are submitting a legally binding offer. The orders placed by the customers are binding for a period of two weeks after receipt by us and can be accepted by us within this period, whereby the date of receipt of the fax or email by us is decisive for the beginning of the period. The date of receipt of the declaration of acceptance by the customer shall be decisive for compliance with this acceptance period. Your right to revoke your order, if any, pursuant to Section 13 shall remain unaffected.
2.3 A contract shall only be concluded upon receipt of our order confirmation issued in text form, e.g. by fax or e-mail (but not by SMS or WhatsApp or comparable messengers), but no later than when we start executing the order. It shall be deemed equivalent to a confirmation if, prior to an agreement on all points of an order, we begin with the execution of the order in the knowledge of the customer without the customer having immediately objected to this. Our confirmation of the order shall be subject to the positive network compatibility test of the local network operator pursuant to Section 5.5.
2.4 The services to be rendered are conclusively set out in our order confirmation. In the event of changes to services, additional services or other changes to the content of the contract which are to be effectively agreed between the parties, we shall submit a corresponding supplementary offer to the customer. Unless otherwise agreed in writing, the services shall be provided in the originally agreed form until the customer accepts the supplementary offer in text form (by email or fax).
2.5 Our employees are not authorized to make verbal subsidiary agreements or to give verbal assurances that go beyond the content of the order confirmation sent in text form in accordance with Section 2.4.
2.6 We expressly point out that certain module types and/or inverter types are only supplied to us by our suppliers on the basis of monthly quotas, and that it may therefore occur that a certain module or inverter type specified in the offer is not available. In this case, we will inform the customer immediately and offer to replace the module or inverter type that cannot be delivered or cannot be delivered on time with an equivalent product from another manufacturer. A corresponding change – including any associated price change – requires the express consent of the customer in text form. As long as the customer does not agree to a corresponding change, our performance obligations under the contract shall be suspended and any agreed delivery periods shall be extended accordingly.
2.7 The “economic efficiency calculator” available on our website and/or any project report provided with a non-binding economic efficiency calculation shall only serve as a rough and non-binding estimate of the economic efficiency of a photovoltaic system and cannot replace a detailed examination by our experts. Any calculation is subject to the proviso that the legal framework conditions, in particular the compensation rates according to the “Renewable Energy Sources Act” (EEG), remain unchanged. We expressly point out the risk that the legal framework conditions may be changed at any time.
2.8 In the event of contradictions between the GTC and the provisions of the offer confirmation, the latter shall apply in the following order:
the offer confirmation with service description/price list,
these GTC in the version valid on the day the order is placed, and
the German Civil Code (BGB), in the version applicable at the time of conclusion of the contract.
2.9 We reserve all property rights and copyrights to illustrations, drawings, calculations and other documents – also in electronic form. This shall apply in particular to such documents which are marked as “confidential”. The customer must obtain our express written consent before using them or passing them on to third parties.
Prices and Payment Terms
3.1 Prices and terms of payment shall be derived in each case from our order confirmation and shall be agreed individually with the respective customer.
3.2 All prices stated on the respective order confirmation to the customer are exclusive of the respective applicable statutory value added tax.
3.3 The agreement of a cash discount shall only be effective if it is made in text form, e.g. by fax or e-mail (but not by SMS or WhatsApp or comparable messengers).
3.4 Zahlt der Kunde die vereinbarte Vergütung nicht bei Fälligkeit, so kommt der Kunde bereits durch Versäumung des Termins in Verzug. In diesem Fall hat der Kunde, sofern es sich um einen Verbraucher handelt, uns Verzugszinsen iHv 5 Prozentpunkten über dem Basiszinssatz p.a. ab dem Tag der Fälligkeit der Zahlung zu zahlen. Im Übrigen hat der Kunde uns Verzugszinsen iHv 8 Prozentpunkten über dem Basiszinssatz p.a. ab dem Tag der Fälligkeit der Zahlung zu zahlen.
3.5 If the customer does not pay the agreed remuneration when it is due, the customer shall already be in default by missing the deadline. In this case, if the customer is a consumer, the customer shall pay us default interest at the rate of 5 percentage points above the base interest rate p.a. from the date on which payment is due. Otherwise, the customer shall pay us interest on arrears at a rate of 8 percentage points above the prime rate p.a. from the date on which payment is due.
3.5 The customer’s obligation to pay default interest shall not preclude us from asserting further claims for damages caused by default.
3.6 If the customer is in default of payment of the remuneration or a not insignificant part thereof for two consecutive months, we may terminate the contractual relationship extraordinarily without notice.
3.7 The customer shall only be entitled to set-off rights if his counterclaims have been legally established or are undisputed. Furthermore, he shall only be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
Delivery and Delivery Date
4.1 We are entitled to render the services by subcontracting them to third parties (subcontractors). We shall be liable for the performance of services by subcontractors as for our own actions.
4.2 Performance dates or performance periods stated in the contracts shall only be binding if confirmed by us as binding in text form, e.g. by fax or e-mail (but not by SMS or WhatsApp or comparable messengers). If the customer is in default with a payment obligation, these delivery dates and deadlines shall be extended accordingly to the day. In the event that a fixed delivery date has been agreed in accordance with these provisions, we shall only be in default after the expiry of a period of four (4) weeks after the agreed delivery date, and the customer may only assert rights against us due to delayed delivery in the event of non-compliance with this four-week period. If the customer requests delivery on a delivery date at a specific time, this shall require a separate agreement and shall be associated with additional costs for the customer.
4.3 All binding delivery dates or deadlines are subject to correct and timely delivery by our suppliers. This shall not apply if we are responsible for the non-delivery, untimely delivery or incorrect self-delivery. The customer shall be informed immediately of the non-availability or late availability of the service.
4.4 In addition, delivery dates or deadlines shall be extended in the event of access impediments at the installation site as well as in the event of delays due to restrictions on installation by the period of time during which we were impeded in providing the service due to installation impediments. Any loss of use or additional costs resulting from this shall be borne by the customer. This shall not apply if we are responsible for the hindrance to installation.
4.5 We shall not be responsible for delays in delivery and performance due to force majeure and due to events which make delivery significantly more difficult or impossible for us, not only temporarily – this includes in particular strikes, lockouts, official orders, weather conditions, etc., even if they occur at our suppliers or their sub-suppliers or at other third parties commissioned by us to fulfill our contractual obligations – even in the case of bindingly agreed delivery periods and dates. They entitle us to postpone the delivery or service by the duration of the impediment plus a reasonable start-up period or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
4.6 If the impediment pursuant to Section 4.5 lasts longer than two months, the customer shall be entitled, after setting a reasonable grace period, to withdraw from the contract with respect to the part not yet performed. In the event of an impediment pursuant to Section 4.4, the customer shall not be entitled to withdraw from the contract. If the delivery or performance time is extended in accordance with the aforementioned provisions in Section 4.5 or if we are released from our obligation, the customer may not derive any claims for damages from this. We may only invoke the aforementioned circumstances if we notify the customer thereof without undue delay after becoming aware of them.
4.7 If we are responsible for non-compliance with bindingly agreed delivery dates and deadlines or if we are in default, our liability shall be limited to half a percent of the invoice amount (excluding VAT) of the deliveries and services affected by the default for each full week of the default, but to a maximum of five percent of the invoice amount of the deliveries and services affected by the default. Any further claims shall be excluded unless the delay is due to intent or gross negligence on our part.
4.8 We shall be entitled to make partial deliveries and render partial services at any time, unless the partial delivery or partial service is unreasonable for the customer.
4.9 If the customer is in default of acceptance, we shall be entitled to demand compensation for the damage incurred by us; notwithstanding the provision in Section 4.6, the risk of accidental deterioration and accidental loss shall pass to the customer upon occurrence of the default of acceptance.
Duties of the Customers
5.1 Unless otherwise agreed in writing, the procurement and application of the permits, approvals and consents required for the installation of the photovoltaic system and its ancillary equipment as well as for the grid connection and operation of the photovoltaic system as well as the performance of all notifications to be made to the grid operator and the Federal Network Agency shall be the exclusive responsibility of the customer. The fees or grid connection costs as well as other costs charged by the electricity/ or distribution grid operator responsible at the installation site in connection with the commissioning and grid connection and/or operation of the photovoltaic system or for the settlement of feed-in proceeds or for other services shall be borne by the customer.
5.2 The customer is obliged to provide a storage space for the delivered goods in a lockable room where the delivered goods can be stored until installation. The goods shall be delivered on pallets (dimensions: approx. 80cm x 120cm) if they are modules and accessories, and otherwise in individual parts, with the profiles for the frame construction having a length of approx. 6m. The size of the required storage space depends on the quantity of the delivered goods and is agreed between us and the customer in advance of the delivery. The storage space for the pallets must be accessible at ground level by means of a lift truck (e.g. garage). The delivery includes the unloading of the goods and the transport to the storage place accessible at ground level.
5.3 The customer is obliged to ensure that the installation site is freely accessible on the agreed installation date. Customer-side conversion and/or preparatory work which is not the subject of our performance obligations (e.g. cable laying, relocation of SAT systems, roof work) must be professionally completed by the agreed installation date so that there are no obstructions or delays to the installation work.
5.4 The customer shall grant us and the third parties commissioned by us unhindered access to the roof areas and parts of the building in or on which the photovoltaic system and its ancillary systems (e.g. modules, inverters, energy storage systems) are to be installed. In addition, the customer shall ensure on its own responsibility that any scaffolding required for the installation can be erected.
5.5 We shall be entitled to interrupt the work if environmental hazards or significant construction risks arise during the project planning or installation, which prevent the order from being executed in accordance with the contract, for example due to a breach of statutory regulations. If possible, in such a case we shall provide the customer with an offer for the removal of the project impediments.
5.6 Our order confirmation shall be subject to the positive network compatibility test of the local network operator.
5.7 The customer assures that the property on which the photovoltaic system is to be erected is free of any requirements under historic preservation law. The customer shall procure any required approval under monument protection law at its own expense prior to the installation of the photovoltaic system.
5.8 The customer is responsible for checking the statics.
5.9 Roof tiles must be processed during installation in many cases. The customer shall provide us with replacement tiles free of charge in the event that roof tiles relevant to the installation of the photovoltaic system have to be replaced or roof tiles are damaged during installation. If the customer is unable to provide replacement tiles or PV installation tiles, he shall bear the expenses (material and time) incurred with the procurement of replacements himself.
Transfer of Risk
Subject to the provision in section 4.8, the risk of accidental deterioration or loss shall pass to the customer after handover of the photovoltaic system and at the latest when the photovoltaic system is connected to the power grid. It is equal to the handover if the customer is in default with the acceptance.
7.1 Discolorations of photovoltaic modules that do not impair their functionality shall not be considered a material defect.
7.2 If the customer is an entrepreneur within the meaning of Section 14 German Civil Code (BGB), claims for defects on the part of the customer require that the customer has properly fulfilled its obligations to inspect and give notice of defects pursuant to Section 377 German Commercial Code (HGB).
7.3 If there is a defect in the photovoltaic system, we are entitled to choose between subsequent performance in the form of rectification of the defect or delivery of a new item free of defects. In the event of rectification of the defect, we shall be obliged to bear all expenses necessary for the purpose of rectifying the defect, in particular transport, travel, labor and material costs.
7.4 If the subsequent performance fails after the second attempt at subsequent performance, the customer shall be entitled to a reduction. In this case, withdrawal from the contract by the customer shall be excluded, unless we act with malice or intent.
7.5 If the customer is a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used goods shall be one year – in deviation from the statutory provisions. Otherwise, the statutory limitation period shall apply.
7.6 If the customer is an entrepreneur within the meaning of Section 14 German Civil Code (BGB), the limitation period for warranty claims shall be 1 year, calculated from the day of the transfer of risk, unless otherwise stipulated in our offer or in the order confirmation. The statutory limitation periods for the right of recourse according to Section 478 German Civil Code (BGB) shall remain unaffected.
7.7 All references in our order confirmations to manufacturer’s warranties do not imply any limitation of the warranty claims beyond the above limitations, but merely a reference to additional rights vis-à-vis the manufacturer, which we forward to you for your information. In this respect, however, this does not constitute an extension of the customer’s warranty rights vis-à-vis us, but rather these manufacturer’s warranties are in addition to the customer’s warranty rights against us. Insofar as a replacement of modules or inverters is granted according to the manufacturer’s warranties, the customer may commission us to carry out the work at our expense. Corresponding work shall be remunerated by the customer according to our hourly rates applicable at the time of the commissioning and shall also be carried out on the basis of these GTC.
7.8 We do not guarantee that the photovoltaic system is suitable for achieving certain economic goals of the customer.
8.1 The liability of us for contractual breaches of duty or for tortious acts is limited to intent and gross negligence. This does not apply to claims for damages in case of injury to life, body or health or in case of breach of essential contractual obligations, if the obligations were breached negligently. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment our customer may rely. In the event of slight negligence, the liability for breach of material contractual obligations shall be limited to the amount of the foreseeable and contract-typical damage and shall in particular not include indirect damage or consequential damage, unless it is damage due to injury to life, body or health. However, the aforementioned limitation of liability shall not apply in the event of injury to life, limb or health or in the event of breach of a warranty or our liability under the German Product Liability Code (ProdHaftG). Our liability for damages arising from injury to life, limb or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
8.2 Section 8.1 shall also apply with regard to our vicarious agents within the meaning of Section 278 of the German Civil Code (BGB) as well as our statutory or legal representatives.
Retention of Title and Insurance of Goods subject to Retention of Title
9.1 The delivered goods (goods subject to retention of title) remain our property until full payment of all claims arising from the contract concluded with the customer. In case of breach of contract by the customer, in particular, in case of default of payment, we are entitled to take back or dismantle the goods including the photovoltaic system. After taking back the goods, we shall be entitled to dispose of them; the proceeds of such disposal shall be credited against the customer’s liabilities – less reasonable costs of disposal.
9.2 The customer shall be obliged to treat the goods delivered under retention of title with care; in particular, he shall be obliged to insure them adequately at replacement value against fire, water and theft damage at his own expense. If maintenance and inspection work is required, the customer must carry this out in good time at its own expense.
9.3 In the event of seizures or other interventions by third parties on the goods including the photovoltaic system, the customer must notify us immediately in writing so that we can assert our property rights against the third party. Insofar as the third party is not in a position to reimburse us for the judicial and extrajudicial costs of an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO), the customer shall be liable for the damage incurred by us as a result.
9.4 If the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a transfer of ownership by way of security or pledging of the goods subject to retention of title shall not be permissible prior to the transfer of ownership of the advance payment goods. However, the customer shall be entitled to resell the goods in the ordinary course of business. In the event of a resale, however, he hereby assigns to us all claims arising from the resale in the amount of the final invoice amount (including VAT) of our claim. We hereby expressly accept this assignment. This shall apply regardless of whether the goods have been resold without or after processing. The customer shall remain authorized to collect this claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to collect the claim as long as the customer meets his payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. However, if one of the aforementioned cases exists, we may demand that the customer immediately informs us of the assigned claims and their debtors, provides all information required for collection, hands over the relevant documents and informs the debtors (third parties) of the assignment.
9.5 The processing or transformation of the goods by the customer shall always be carried out for us as manufacturer within the meaning of Section 950 German Civil Code (BGB). If the goods are processed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods (final invoice amount, including VAT) to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the goods delivered under reservation of title.
9.6 To secure our claims against the customer, the customer assigns to us the claims against a third party arising from the combination of the goods with real property.
9.7 The customer shall have a claim to release of the securities insofar as the realizable value of our securities (after deduction of the costs for administration and utilization of the security) exceeds the claims to be secured by more than 10 %; the selection of the securities to be released shall be incumbent upon us.
We reserve the right to make design changes at any time, insofar as the design is not specified in the technical product description, and insofar as this does not lead to a limitation of the performance of the photovoltaic system; however, we are not obligated to make such changes even to products or photovoltaic systems that have already been delivered.
Insofar as the scope of services includes the provision of software, the customer shall be granted a non-exclusive and non-transferable right to use the delivered software including its documentation. The software shall be provided exclusively for use on the delivery item intended for this purpose. Any use, duplication, revision, translation of the software as well as any conversion from the object code into the source code for other purposes shall be prohibited, unless permitted in accordance with § 69 d UrhG (German Copyright Act).
12.1 We have the right to withdraw from the contract with you in whole or in part if
defects in the stability of the building or the part of the building on which the photovoltaic and ancillary systems are to be installed are discovered during project planning or installation,
the customer does not accept our offer to remove the project obstructions in the case of Section 4.4 or does not remove the project obstructions independently without delay,
the customer defaults on payment of the remuneration and does not make the payment in full within five (5) working days of receipt of the request for payment despite being requested to do so,
the customer’s assets deteriorate or it subsequently becomes known that the customer was classified as uncreditworthy when the contract was concluded,
if the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), if the customer has discontinued its business operations, or
the opening of insolvency proceedings against the customer’s assets is applied for.
12.2 The customer shall have the right to withdraw from the contract in the event of changes to services in accordance with Section 2.4. This right of withdrawal of the customer expires 10 calendar days after the customer has been informed about the service change by us.
13.1 If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB) (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you may be entitled to a right of revocation in accordance with the statutory provisions.
13.2 If you, as a consumer, make use of your right of revocation pursuant to Section 13.1, you shall bear the regular costs of returning the delivered goods or dismantling the photovoltaic system.
13.3 For the rest, the regulations which are reproduced in detail in the following apply to the right of withdrawal:
Right of Withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise your right of withdrawal, you must inform us (name of the entrepreneur, address and, if available, telephone number, fax number and e-mail address) by means of a clear statement (eg a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. You can fill out and submit the model withdrawal form or another clear declaration. If you make use of this option, we will send you a confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods or photovoltaic system back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods or disassembly and removal of the photovoltaic system.
You only have to pay for a possible loss of value of the goods if this loss of value is due to a handling with you that is not necessary for the inspection of the condition, properties and functioning of the goods.
The right of withdrawal does not exist for distance contracts
for the delivery of goods that have been manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can spoil quickly or whose expiration date would be exceeded, or
for the delivery of audio or video recordings or software, if you have unsealed the delivered data carriers.
End of the cancellation policy
Sample Withdrawl Form
If you wish to revoke the contract, please fill out this form and send it back to:
ENVIRIA Energy Holding GmbH
60329 Frankfurt am Main
E-mail address: […]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
Data Privacy Notice
14.1 We collect, process and use your personal data, in particular your contact data for the processing of your order or order, so also your e-mail address, if you provide it to us. The processing and use of the customer’s personal data is carried out for the initiation, fulfillment and processing of the contractually agreed services. For credit assessment, we may use additional information (e.g. also a so-called score value) from external service providers to help us decide and make the payment method dependent on this. The information also includes information about your address. This is done for the purpose of processing the contract in accordance with Art 6 (1b) DSGVO.
14.2 The collection and use of personal data of customers is carried out exclusively within the framework of the legal provisions, in particular taking into account the applicable data protection law, the European Data Protection Regulation (EU-DSGVO) and the Federal Data Protection Act (BDSG). For more detailed information, please refer to our separate data protection declaration.
14.3 The Customer acknowledges and agrees that data processing may also be carried out by an affiliated company or a cooperation partner on our behalf.
14.4 After the contract has been fully processed, the data shall be stored, taking into account the retention periods under tax and commercial law. After expiry of the retention periods, the data will be deleted unless the customer has consented to further processing and use.
We have copyrights to all images, films and texts published on our website. A use of the images, movies and texts, is not permitted without our express consent.
16.1The consumer arbitration board responsible for the customer according to the Consumer Dispute Resolution Act would be the General Consumer Arbitration Board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, Germany, e-mail: firstname.lastname@example.org, Internet: English: Universalschlichtungsstelle des Bundes. However, we would like to point out that we are neither willing nor obliged to participate in a dispute resolution procedure before this consumer arbitration board or any other consumer arbitration board within the meaning of the Consumer Dispute Resolution Act.
16.2 Instead of arbitration by the general body mentioned in Section 16.1, we declare our willingness to voluntarily participate in an arbitration procedure by an independent mediator, with the necessary expertise in the field of photovoltaics. This mediator will be selected by mutual agreement between us and the customer in the event of a dispute. The costs for the mediation will be shared equally between us and the customer, regardless of the facts of the case and the outcome of the mediation.
17.1 For reasons of better readability, the simultaneous use of masculine, feminine and diverse forms of language has been dispensed with in this text. All personal terms apply equally to all genders.
17.2 We reserve the right to change these GTC at any time without giving reasons for the future. The version of the GTC valid at the time of the conclusion of the respective contract shall be authoritative. Amendments or supplements to the provisions of the contract concluded between the parties must be made in writing to be effective. This shall also apply to the waiver of the written form requirement.
17.3 The law of the Federal Republic of Germany shall apply to these GTC and the entire legal relationship between the Customer and us. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. If you have placed the order as a consumer within the meaning of Section 13 of the German Civil Code (BGB) and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of that country shall remain unaffected by the choice of law made in sentence 1.
17.4 If the customer is a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship, insofar as this is legally permissible. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
17.5 If a provision in these GTCs or a provision within the scope of other agreements between us and the customer is or becomes invalid, the validity of all other provisions of these GTCs or other agreements between us and the customer shall not be affected thereby. The invalid or unenforceable provisions shall be replaced by the statutory provisions, if any.
General Terms and Conditions of ENVIRIA Energy Holding GmbH, ENVIRIA Investor Solutions GmbH, ENVIRIA Engineering & Services GmbH and ENVIRIA Retail Solutions GmbH.
Date: June 2022