GTC
General Terms and Conditions (GTC) of JT Solarbau GmbH
Language version
This English translation is provided for convenience only. The German version of these Terms and Conditions shall prevail in case of any discrepancies.
1. Scope of application
(1) Our General Terms and Conditions shall apply to all deliveries and other services of JT Solarbau GmbH (hereinafter also referred to as “JT Solarbau”) in accordance with the contracts concluded between us and the customer, unless expressly agreed otherwise.
(2) Our GTC shall apply exclusively. We do not recognize any contractual terms and conditions of our customers that conflict with or deviate from our GTC unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we make deliveries and/or provide services in the knowledge that the customer’s terms and conditions conflict with or deviate from our GTC.
2. Order confirmation, conclusion of contract
The contract between JT Solarbau and the customer is concluded when the binding order placed by the customer with JT Solarbau on the basis of JT Solarbau’s respective offer is confirmed by JT Solarbau at least in text form. Confirmation shall be deemed to have been given if the customer’s order is executed by delivery or, if collection by the customer has been agreed, if the goods are made available at the place of collection.
3. Provision of services
The contractual services result from the respective order confirmed by JT Solarbau. JT Solarbau is entitled to have services (e.g. scaffolding, electrical work) performed by subcontractors.
4. Remuneration and terms of payment
The customer is obliged to pay the agreed remuneration in accordance with the contractually agreed due dates. The invoiced remuneration is due immediately and payable without discount.
5. Delivery, customer’s duty to cooperate
(1) Unless otherwise agreed, delivery shall be made by a transport company on the delivery date agreed with the customer in advance. The transportation company’s vehicles are equipped with a lifting platform and pallet truck. The transport company shall contact the customer by telephone on the delivery date, usually one hour before delivery. Partial deliveries are permitted insofar as they are reasonable for the customer.
(2) If the customer requests delivery on a specific delivery date at a specific time, this requires a separate agreement and is associated with additional costs for the customer.
(3) The customer is obliged to provide a storage space for the delivered goods in a lockable room in which the delivered goods can be stored until assembly. The goods shall be delivered on pallets (dimensions: approx. 80cm x 120cm) if they are modules and accessories, and otherwise in individual parts, whereby the profiles for the frame construction have a length of approx. 6m. The size of the storage space required depends on the quantity of goods delivered and is agreed between JT Solarbau and the customer prior to delivery. The storage space for the pallets must be accessible at ground level using a pallet truck (e.g. garage). The delivery includes the unloading of the goods and the transportation to the storage location accessible at ground level.
(4) The customer is obliged to ensure that the installation site is freely accessible on the agreed installation date. Any conversion and/or preparatory work carried out by the customer which is not part of JT Solarbau’s performance obligations (e.g. cable laying, relocation of SAT systems, roof work) must be completed professionally by the agreed installation date so that the installation work is not hindered or delayed.
6. Transportation damage
(1) If the delivered goods show obvious transport damage, we ask you to complain about such defects on site to the respective employee of the transport company and to contact us as soon as possible.
(2) If the customer fails to make a complaint to the transport company or to notify JT Solarbau, this shall have no effect on the customer’s statutory warranty rights. However, the complaint and notification shall make it easier for JT Solarbau to assert its own claims against the transportation company or a corresponding insurance company. The provision in section 11 para. 3 (b) shall remain unaffected.
7. Packaging.
Packaging materials (Euro pallets, cardboard packaging, etc.) will be taken back and disposed of by JT Solarbau.
8. Retention of title
(1) The delivered goods shall remain the property of JT Solarbau until the purchase price has been paid in full.
(2) If the customer is an entrepreneur within the meaning of Section 14 BGB, the following shall also apply:
(a) The delivered goods shall remain the property of JT Solarbau until all claims arising from the current business relationship have been settled in full.
(b) Prior to the transfer of title to the goods subject to retention of title, the goods subject to retention of title may not be transferred by way of security or pledged.
(c) The customer shall be permitted to resell the goods in the ordinary course of business. In the event of resale, the customer hereby assigns to JT Solarbau, which accepts the assignment, all claims arising from the resale in the amount of the outstanding invoice amount. The customer shall remain authorized to collect the claims. If the customer does not meet his payment obligations in due time, JT Solarbau reserves the right to collect claims arising from the resale itself.
(d) If the goods subject to retention of title are combined or mixed, JT Solarbau shall acquire co-ownership of the new item in the ratio of the outstanding invoice amount of the goods subject to retention of title to the value of the other items with which the goods subject to retention of title were combined or mixed at the time of processing.
(e) JT Solarbau undertakes to release securities of its choice upon request to the extent that the realizable value of the securities exceeds the claim to be secured by more than 10 %.
9. Transfer of risk
The risk of accidental loss and accidental deterioration shall pass to the customer when the goods are handed over. If the customer is in default of acceptance, this shall be deemed equivalent to handover.
10. Offsetting, right of retention
(1) The customer may only offset JT Solarbau’s claim for remuneration against an undisputed or legally established counterclaim.
(2) The customer shall only be entitled to a right of retention if his counterclaim is based on the same contractual relationship.
11. Warranty
(1) Unless expressly agreed otherwise, the customer’s warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
(2) If the customer is a consumer within the meaning of § 13 BGB, the limitation period for warranty claims for used goods shall be one year – in deviation from the statutory provisions. Otherwise, the statutory provisions shall apply to the warranty.
(3) If the customer is an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply to the warranty with the following restrictions:
(a) The limitation period for warranty claims is one year from the transfer of risk. The statutory limitation periods for the right of recourse in accordance with § 478 BGB remain unaffected by this.
(b) The customer shall be obliged to inspect the delivered goods with due care and attention without delay for deviations in quantity and quality and to notify JT Solarbau of any obvious defects within 7 days. The timely dispatch of the notification shall suffice to meet the deadline. Hidden defects discovered at a later date shall be notified to JT Solarbau within a corresponding period from discovery. If the customer violates his duty to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
(c) In the event of defects, JT Solarbau shall be entitled, at its discretion, to remedy the defect or deliver a defect-free item as subsequent performance. If the subsequent performance fails twice, the customer shall be entitled to demand a reduction in price or to withdraw from the contract.
12. Liability for damages
(1) The liability of JT Solarbau for contractual breaches of duty or for tortious acts is limited to intent and gross negligence. This shall not apply to claims for damages in the event of injury to life, limb or health or in the event of a breach of material contractual obligations if the obligations were breached negligently. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the client may regularly rely.
(2) The exclusion of liability under paragraph 1 shall also apply to breaches of duty by JT Solarbau’s vicarious agents and to the personal liability of JT Solarbau’s employees, staff and representatives.
(3) In cases of slight negligence, liability for breach of material contractual obligations shall be limited to the amount of damages typically foreseeable at the time of conclusion of the contract, unless the damages are due to injury to life, limb or health.
13. Lump-sum compensation
(1) In the event of non-acceptance of the contractual performance, JT Solarbau may exercise its statutory rights.
(2) If JT Solarbau claims damages, these shall amount to 15 % of the contractually agreed price. The damages shall be set at a lower amount if the customer proves that a significantly lower loss or no loss at all has been incurred.
(3) JT Solarbau reserves the right to claim proven higher damages instead of the lump-sum compensation in paragraph 2.
14. Data protection and data collection
(1) JT Solarbau collects personal data (individual details about personal or factual circumstances of an identified or identifiable natural person) only to the extent provided by the customer. The processing and use of the customer’s personal data takes place for the fulfillment and processing of the contractually agreed services.
(2) JT Solarbau does not pass on personal data to third parties. The only exceptions to this are subcontractors from whom JT Solarbau has contractually agreed services performed. The passing on of data is carried out in strict compliance with the Federal Data Protection Act.
(3) Once the contract has been fully processed, the data shall be stored in accordance with 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.
15. Arbitration procedure
(1) The consumer arbitration board responsible for the customer under 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: mail(at)verbraucher-schlichter.de, Internet: www.verbraucher-schlichter.de. However, JT Solarbau points out that it is neither willing nor obliged to participate in a dispute settlement procedure before this consumer arbitration board or any other consumer arbitration board within the meaning of the Consumer Dispute Settlement Act.
2) Instead of arbitration by the general body mentioned in 15.1, JT Solarbau agrees to voluntarily participate in arbitration proceedings by an independent mediator with the necessary expertise in the field of photovoltaics. This mediator shall be selected by mutual agreement between JT Solarbau and the customer in the event of an emerging dispute. The costs of the mediation shall be shared equally between JT Solarbau and the customer, irrespective of the facts of the case and the outcome of the mediation.
16. Choice of law and place of jurisdiction
(1) Contracts between JT Solarbau and the customer shall be governed exclusively by German substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customers are merchants, legal entities under public law or special funds under public law, the place of jurisdiction for disputes arising from this contract shall be Cologne.
17. Final provision
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.