General Terms and Conditions (GTC) of PVTechnologies GmbH in Neudorf im Weinviertel

last amended: 01.09.2022

1. General

The deliveries, services and offers of PVTechnologies GmbH are made exclusively on the basis of these terms and conditions; any terms and conditions of the customer that conflict with or deviate from our terms and conditions will not be recognised unless PVTechnologies GmbH expressly agrees to them in written form. In this respect, contractual fulfilment on our part is not deemed to be consent to contractual conditions that deviate from our terms and conditions. PVTechnologies GmbH is entitled to have the services necessary for the fulfilment of the contract performed by third parties. These terms and conditions also apply as a framework agreement for all further legal transactions between the contracting parties.

2. Offers

The offers of PVTechnologies GmbH are non-binding, unless otherwise stated in the offer. We reserve the right to make technical changes to the components or to use technically more advanced components.

Employees and representatives of PVTechnologies GmbH are not authorised to make verbal collateral agreements or give verbal assurances that go beyond the content of the written contract.

The scope of the services is specified in the offer of PVTechnologies GmbH.

Unless otherwise agreed, the prices are ex works or ex warehouse, excluding packaging, loading, installation, insurance and VAT.

If there are more than two months between the placing of the offer and the execution of the service, the prices will be adjusted accordingly in the event of any changes in labour costs and/or material costs.

Unless otherwise agreed, our offers are valid for 10 days due to the current market situation.

3. Payments

Unless otherwise agreed, 50% of the price is due upon conclusion of the contract and 50% upon completion with the final invoice. The invoice amounts are to be paid into the business bank account of PVTechnologies GmbH within 7 days of receipt of the invoice. Payments by the customer are only deemed to have been made when they are received in our business bank account.

All fees are subject to the applicable statutory VAT.

In the event of late payment, PVTechnologies GmbH is entitled to charge interest on arrears in the amount of 12% p.a., without prejudice to further claims. However, we are in any case entitled to demand higher bank interest rates charged to us. Furthermore, PVTechnologies GmbH is entitled to demand immediate payment of the entire outstanding amount in the event of delay of payment by the customer and, in particular, to revoke any payment terms granted; PVTechnologies GmbH also has this right if unfavourable circumstances regarding the customer’s solvency or financial situation become known after conclusion of the contract.

The customer is not entitled to withhold payments due to warranty claims or other claims of any kind whatsoever or to offset them against counterclaims.

The prices shown on the order are based on the relevant purchase price of the components on the date of the conditional order as well as the technical and legal regulations applicable at that time with regard to the installation of PV systems. Should the prices for materials and/or labour increase by more than 5% at the time of the planned installation, or should a change in the technical and legal regulations with regard to the installation of PV systems require additional services by PVTechnologies GmbH, the prices shown will be increased by the corresponding percentage and/or by the costs of the additional services. The amount of any price increase will be communicated to the Customer by PVTechnologies GmbH no later than ten working days before the planned installation date.

4. Delivery services

The assembly and delivery deadlines specified by PVTechnologies GmbH or third parties commissioned by PVTechnologies GmbH are always non-binding, unless a fixed date has been specifically agreed. Delays in delivery due to force majeure, other unforeseeable events or events beyond the control of PVTechnologies GmbH or commissioned third parties release PVTechnologies GmbH and commissioned third parties from the obligation to deliver for the duration of their effect, even if they occur at our suppliers or their pre-suppliers. This does not give rise to any claims on the part of the customer. Should PVTechnologies GmbH or a commissioned third party exceptionally be unable to meet a delivery date, liability for delays in delivery for which PVTechnologies GmbH and commissioned third parties are not responsible is excluded.

If the performance of the service is delayed or interrupted for reasons within the customer’s sphere of influence, the customer shall bear all additional costs incurred as a result. In this case, PVTechnologies GmbH is entitled to demand payment for services or expenses with partial invoices.

The customer grants PVTechnologies GmbH and third parties commissioned by PVTechnologies GmbH unrestricted access to the place of performance, as long as this is necessary for the fulfilment of the contractually agreed services.

5. Retention of ownership and its assertion

The object of purchase or the goods remain the property of PVTechnologies GmbH until the purchase price and all associated costs and expenses have been paid in full.

In the event of breaches of duty by the customer, in particular in the event of late payment, PVTechnologies GmbH is entitled to withdraw from the contract and to demand the return of the components. Costs for disassembly or removal, for technical changes that were caused by the assembly or were made at the request of the customer, shall be paid by the customer.

The assertion of the retention of ownership is only equivalent to a cancellation of the contract if this is expressly declared. The customer is obliged to notify PVTechnologies GmbH immediately of any seizures or other claims by third parties to our contractual goods and to inform the third party of our ownership.

6. Commissioning and approval

Approval is granted by the customer after commissioning of the system.

It is equivalent to approval if the customer does not accept the system within a reasonable period of time set by PVTechnologies GmbH, even if the customer is obligated to do so. PVTechnologies GmbH may be represented by a third party authorised by PVTechnologies GmbH to carry out the approval and sign the approval protocol. Approval is also deemed to have taken place when the system has been put into use by the customer without reservation.

A record of the acceptance must be prepared and signed by both parties.

7. Guarantee

The listed guarantees are manufacturer guarantees which are not covered by PVTechnologies GmbH even in the event of default or insolvency of the supplier (manufacturer).

8. Warranty

PVTechnologies GmbH warrants that its services are free of defects within the statutory warranty periods. If changes are made to the products, parts are replaced or consumables are used that do not correspond to the original specifications or the item is handled improperly, any warranty is void if a defect is attributable to this.

PVTechnologies GmbH accepts no responsibility for any damage that may occur to roof coverings during installation of the system.

PVTechnologies GmbH also accepts no liability for the natural ageing of the roof covering.

Minor or other changes to our performance or delivery obligation that are reasonable for our customers shall be deemed approved in advance. This applies in particular to deviations due to the nature of the goods (e.g. dimensions, colours, structure and photovoltaic modules, etc.).

The customer must inspect and accept the goods immediately upon receipt or have them inspected and accepted by authorised persons. If the customer expressly or by implication waives the inspection, the object of purchase shall be deemed to have been correctly delivered and accepted.

The customer must immediately notify PVTechnologies GmbH in writing of any defects, giving a precise description of the defect. The defective goods must be delivered to the registered office of PVTechnologies GmbH or to a third party. If the transport costs are not disproportionate to the order value, they will be covered by the customer. The warranty will be fulfilled at PVTechnologies GmbH’s choice by repair of the purchased item or replacement of the defective parts, exchange or price change.

If the system exhibits a defect upon acceptance, PVTechnologies GmbH is initially entitled to subsequent fulfilment within a reasonable period of time.

Excluded from the warranty are natural wear and tear and ageing, damage resulting from improper or negligent handling, excessive use, unsuitable operating materials and failure to observe operating instructions. The same applies to damage caused by modifications or repair work carried out by the buyer or by third parties not engaged by PVTechnologies GmbH.

9. Subsidy processing

If for any reason the subsidy applied for is not paid out by the funding agency, PVTechnologies GmbH cannot assume any guarantee (liability)!

10. Dunning and debt collection expenses

In the event of default, the customer undertakes to compensate PVTechnologies GmbH for the dunning, collection and legal costs and expenses incurred by PVTechnologies GmbH, even if PVTechnologies GmbH handles the dunning process itself.

11. Cancellation

In case of default of acceptance or other important reasons, such as in particular bankruptcy of the customer or rejection of bankruptcy due to lack of assets, as well as in case of default of payment by the customer, PVTechnologies GmbH is entitled to withdraw from the contract, provided that it has not yet been completely fulfilled by both parties. In the event of cancellation, PVTechnologies GmbH has the option, if the customer is at fault, to demand a flat-rate compensation of 25% of the gross invoice amount or compensation for the actual damages incurred. If the customer is in default of payment, PVTechnologies GmbH is even entitled to withhold outstanding deliveries or services, to assert the retention of ownership according to Section 5 and to demand advance payments or securities or to withdraw from the contract after granting a reasonable grace period. If the customer withdraws from the contract without justification or requests its cancellation, PVTechnologies GmbH has the choice of insisting on the fulfilment of the contract or agreeing to the cancellation of the contract; in the latter case, the customer is obliged to pay, at PVTechnologies GmbH’s discretion, a lump-sum compensation of 25% of the gross invoice amount or compensation for the damage actually incurred.

Note on point 3 Payments:
If the customer does not agree with the price increase for materials or an increase due to changes in technical and/or legal regulations for the installation, either the order subject to the condition precedent does not become legally binding or the customer can withdraw from the contract up to 5 days before the planned installation date even after fulfilment of the condition precedent (receipt of the subsidy approval) and in this case, too, the contract must be reversed in such a way that any payments made in connection with the feasibility study must be refunded by PVTechnologies GmbH.

12. Claims for damages

All claims for damages are excluded in cases of slight negligence. This also applies to personal injury as well as indirect and direct consequential damages for loss of profit and loss of revenue.

Compensation claims for any potential damages arising from the installation of the photovoltaic system on roof coverings, facades, balconies, and terraces, caused by PVTechnologies GmbH or contracted third parties, are expressly excluded.

As far as the liability of PVTechnologies GmbH or authorised third parties is excluded or limited, this also applies to the employees of PVTechnologies GmbH, workers, representatives and subcontractors. The agreed terms on damages also apply if the claim for damages is asserted in addition to or instead of a warranty claim.

13. Product liability

Recourse claims within the meaning of § 12 of the Product Liability Act are excluded unless the party entitled to recourse proves that the defect was caused in our area of responsibility and was at least the result of gross negligence.

14. Advertising, references

The customer agrees that PVTechnologies GmbH may name the installed system as a reference with the company logo and advertise with photos of the system.

15 Applicable law, place of jurisdiction

Austrian law shall apply exclusively. The applicability of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The application of conflict-of-law rules is excluded, so that there is no right to refer back to a foreign legal system. The contract language is German. The place of fulfilment for all mutual claims is the registered office of PVTechnologies GmbH.

16. Severability clause

Amendments and additions to the contractual relationship must be in writing in order to be valid. Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this contract. Invalid or unenforceable provisions shall be replaced by the contracting parties with provisions that come closest to the economic purpose of this provision. There are no verbal collateral agreements.

17. Data protection

The customer gives his express consent to the collection, processing, use and transfer of all personal and other data related to this legal transaction in electronic form.

18. Copyrights

Plans, sketches or other technical documents as well as samples, catalogues, brochures, illustrations and the like shall always remain our intellectual property; the customer shall not be granted any rights to use or exploit them in any way whatsoever.

General information

Statics/ requirements:

Our photovoltaic modules and mounting elements are designed and suitable for standard roofs. Before the photovoltaic system is installed, structural calculations for the roof must be carried out on site by officially authorised persons. Particularly in the case of older or unusual roof coverings, it is also advisable to have the load-bearing capacity and the required suitability checked by authorised persons.

Snow retention for photovoltaic systems:

We would like to point out that photovoltaic modules aren´t snow retention devices and for this reason it is urgently necessary to secure suitable devices against sudden snow slides. If additional costs are incurred due to subsequent requests from the customer or a subsequent change in the situation at the location, these will be charged separately.