Terms and Conditions for Entrepreneurs – Status 01.02.2016
1.1 The services provided by Wircon GmbH for entrepreneurs (§ 14 BGB = German Civil Code), a legal entity of public law or a special fund under public law, are provided exclusively on the basis of the following Terms and Conditions.
1.2 Deviating, contradictory or supplementary terms and conditions of the customer will become an integral part of the contract only and to the extent that Wircon GmbH has expressly agreed to them in writing. This approval requirement applies in any case, for example also when Wircon GmbH, being aware of the customer’s terms and conditions, conducts the delivery to the customer without reservation.
1.3 Individual agreements with the customer made in particular cases (including collateral agreements, supplements and amendments) take precedence over these Terms and Conditions in any case, no matter whether the clauses of these Terms and Conditions expressly stipulate this or not. For the contents of such agreements, a written contract, resp. the written confirmation from Wircon GmbH is decisive, subject to evidence to the contrary.
1.4 Legally relevant declarations and notifications, which are to be submitted to Wircon GmbH by the customer after conclusion of the contract (e.g. setting deadlines, notices of defect, declaration of cancellation or reduction) require the written form to be effective.
1.5 References to the validity of legal regulations only have clarifying significance. Even without such a clarification, the legal regulations therefore apply, insofar as these are not modified directly or expressly excluded in these Terms and Conditions.
1.6 Unless otherwise agreed, the Terms and Conditions in the version valid for the customer at the time of handing over the offer, resp. in any case in the last communicated version as framework agreement, also apply for similar future contracts, without Wircon GmbH having to refer to these in each individual case.
1.7 In as far as the written form (“in writing”) is provided in these Terms and Conditions, then telecommunicative transmission, in particular by fax or by email, will be sufficient to comply with this requirement provided the copy of the signed declaration is transmitted.
2. Quotations, Conclusion of Contract, Guarantees and Confirmations
2.1 The quotations from Wircon GmbH are subject to change and non-binding. This also applies when Wircon GmbH has provided the customer with catalogues, technical documentation (e.g. drawings, plans, calculations, costings, references to DIN standards), other product descriptions or other documents – also in electronic form – in which Wircon GmbH retains rights of a proprietary and copyright nature. Dimensions and figures become binding only and only within the specified tolerance limits when they are agreed expressly by Wircon GmbH. The customer may only assume guarantees, in particular quality agreements when these are expressly designated as such.
2.2 The quotation signed by the customer shall be deemed as binding contractual offer. Provided that nothing other results from the offer, Wircon GmbH shall be entitled to accept the written contractual offer within 14 days after receipt. Decisive for the observance of the above stated period is the point of time at which the acceptance by Wircon GmbH reaches the customer in writing. Up to expiry of these 14 days, the customer is bound to his offer.
2.3 The acceptance of the contractual offer from the customer by Wircon GmbH is conducted in writing by means of a so-called “Order confirmation.”
2.4 When accepting offers from the customer, Wircon GmbH presupposes the creditworthiness of the customer and, in an individual case, reserves the right to make acceptance of the customer’s offer dependent on the provision of a bank guarantee or other security in the amount of the anticipated invoice. Apart from that, § 321 BGB (German Civil Code, plea of uncertainty) applies.
2.5 The sales consultant present at the prior customer meetings and during submittal of the offer is not authorized to accept the contractual offer from the customer or to make verbal agreements with the customer in connection with the contract, which deviate from the offer, resp. these Terms and Conditions. The customer may only trust in the legal validity of agreements, which are made with employees or sales consultants without a right of representation entered in the Register of Companies, when the agreement is confirmed in writing by the management of Wircon GmbH.
3. Obligation to perform and size of order
3.1. WIRCON GmbH shall be entitled to have the services required for the conduct of the contract carried out by third parties, as far as this is reasonable for the customer.
3.2 Wircon GmbH shall be entitled to conduct partial deliveries, as far as this is reasonable for the customer.
3.3 The preparation of the site plan for the network test and the preparation of the verification statics for the roof on which the goods will be installed, are services which are to be provided by the customer at his costs and which Wircon GmbH does not owe.
3.4 The corresponding applies, if necessary, for approvals required for the establishment of the system (goods). The customer shall conduct any services which may be required for this, resp. arrange to have these conducted, at his costs.
3.5 If assembly services are to be provided by Wircon GmbH, Wircon GmbH does not have to guarantee supply with power and water. These shall be guaranteed by the customer – as far as these are necessary for assembly of the goods – at his costs.
3.6 If a roof renovation or repairs of the roof are necessary to install the goods, these are not owed by Wircon GmbH.
4. Prices and terms of payment
4.1. If nothing else has been agreed in the individual case, the respective prices current at the time of concluding the contract, plus legal value added tax apply. In the case of straight out material supplies, and if nothing else has been agreed, the prices current at the time of the conclusion of the contract, ex warehouse Wircon GmbH plus legal value added tax apply.
4.2. Provided no installation services are to be provided contractually by Wircon GmbH and nothing else was agreed, the purchase price owed by the customer has to be paid without deductions within 14 days from receipt of the invoice and delivery of the goods.
4.3. Provided installation services are to be provided contractually by Wircon GmbH and nothing else was agreed, the customer shall pay 70% of the agreed purchase price after delivery of the goods to the place of installation and a further 30% after handover of the goods. The respective payment amounts shall be paid without deductions within 14 days from receipt of the invoice from Wircon GmbH at customer’s.
If the customer delays in accepting the goods from Wircon GmbH within 14 days after completion of the contractual service (acceptance pursuant to § 433 para 2 BGB (German Civil Code)) although he is obligated to this, the transfer shall still be deemed to have taken place.
4.4 The customer shall be entitled to rights of offsetting and retention only in as far as his claim has been legally established or is undisputed. The customer shall also be entitled to offset against the claims of Wircon GmbH and to retention, when the customer makes notices of defect or counterclaims from the same contractual relationship.
4.5. FIf circumstances exist which prove impairment of the creditworthiness or the insolvency of the customer and therefore endanger the payment claim of WIRCON GmbH, WIRCON GmbH can make the services, resp. the deliveries dependent on an advance payment of the remuneration. This also applies if the circumstances between conclusion of the contract and delivery, or after one or several partial deliveries should become known. If the customer rejects the advance payment or, despite appropriate setting of a deadline, does not pay, WIRCON GmbH shall be entitled to withdraw from the contract and to compensation.
The rights of Wircon GmbH from § 321 BGB (German Civil Code, plea of uncertainty) remain unaffected by this.
4.6 The customer shall be in delay with expiry of every respectively applicable payment period. The purchase price shall bear interest at the respectively valid default interest rate. Wircon GmbH retains the right to assert a further damage due to delay. Vis-à-vis businessmen, the claim by Wircon GmbH for the commercial interest due on maturity (§ 353 HGB = German Commercial Code) remains unaffected.
4.7 The deduction of discount is permissible on the basis of special agreements. Bills of exchange and cheques will be accepted by Wircon GmbH only on the basis of separate agreements and only as compensation. The customer shall bear all charges incurred hereby. Foreign exchange losses which are incurred with payment in foreign currency, shall be borne by the customer.
5. Prerequisites for assembly and delivery services; Customer’s obligation to cooperate and refusal to fulfil the contract; Default of acceptance
5.1. The following shall apply if Wircon GmbH also has to provide installation services:
5.1.1 The customer shall ensure at his costs, that the assembly, installation or commissioning can be started as agreed and conducted without interruption. It is the customer’s responsibility to ensure the presence of the constructional prerequisites for the installation of the system at his costs prior to the beginning of the installation work.
5.1. 2 For the fulfilment of the contractual services, Wircon is dependent, in particular, on the submission of a site plan for the network test and the submission of the verification statics for the roof on which the goods will be installed. The customer shall hand over the corresponding documents for this to Wircon GmbH.
5.1.3 The customer shall permit WIRCON GmbH and third parties ordered by WIRCON GmbH unrestricted access to the installation site, insofar as this is necessary to provide the contractually owed service. If goods are delivered to the customer, the customer shall be obliged to ensure access routes which can be accessed by truck-trailers.
5.1.4 Services required for the installation of the goods pursuant to Clauses 3.4. to 3.6 of these Terms and Conditions shall be provided by the customer.
5.1.5 Insofar as installation of the goods requires approvals, the customer shall bear the risk of the issuing of the approval. The customer shall also bear the risk that the goods cannot be installed at the installation site for structural reasons. Apart from that, the statutory valid risk distribution remains unaffected by this.
5.2. In the event that the customer is in default of acceptance or if he culpably violates obligations to cooperate pursuant to Clauses 5.1.1 to 5.1.4, WIRCON GmbH shall be entitled to demand compensation for damages caused for Wircon GmbH, including any additional expenses (for example for necessary temporary storage and labour costs for Wircon GmbH employees). With occurrence of the default of acceptance, the risk of accidental deterioration and the accidental loss of the goods shall pass to the customer.
5.3. If the customer, without being entitled to do so, declares the withdrawal from the contract, or the refusal of further contract implementation, Wircon GmbH can withdraw from the contract for their part. If Wircon GmbH makes use of its right to withdraw, Wircon GmbH shall be entitled to claim a lump sum in the amount of 10% of the net total (net purchase price) agreed at the time of the withdrawal, for the damages which will be incurred. The customer may, however, prove that damages did not occur or that these are considerably lower than the lump sum. Wircon GmbH shall remain at liberty to demand higher damages, if it can be proven that higher damages have occurred.
The above stated regulations are to be applied correspondingly if the customer, contrary to Clause 5.1.1 to 5.1.4, culpably neglects to create the prerequisites for the provision of services owed by Wircon GmbH and he does not meet these obligations within an appropriate extension of time set by Wircon GmbH, and Wircon GmbH thereupon declares withdrawal from the contract.
6. Delivery /Installation periods; Delay
6.1. Dates or deadlines will be agreed individually in writing, resp. specified by Wircon GmbH upon acceptance of the offer.
6.2 Insofar as dates or deadlines were not agreed individually in a contract which does not include installation services by Wircon GmbH, resp. were not specified by Wircon GmbH upon acceptance of the offer, the delivery shall take place subject to Clause 5 of these Terms and Conditions within 8 weeks after conclusion of the contract.
In the case of delivery of goods, the delivery deadline shall be deemed as met, when the goods have left the works until its expiry, or the notification of readiness of delivery was sent.
6.3. If installation services are also to be provided by Wircon GmbH, the following shall apply in deviation from Clause 6.2:
6.3.1 Subject to Clause 6.1, start of the installation of the goods shall be, at the earliest, 8 weeks after receipt by Wircon GmbH of the positive decision for the network test and the clearance of the additional roof loads due to the assembly of the goods, by the structural engineer. For the decision for the network check and the clearance, it requires prior submission of the documents pursuant to Clause 5.1.2. of these Terms and Conditions.
6.3.2 If approvals are necessary for the installation, the earliest start of installation pursuant to Clause 6.3.1 prerequisites the issue of the required approvals in addition.
6.3.3 The start of the installation will be agreed between the customer and Wircon GmbH as soon as the customer has handed over the documents pursuant to Clause 5.1.2 to Wircon GmbH and – if necessary for the installation of the goods – the required approvals have been issued.
6.4 Compliance with the agreed deadlines prerequisites the clarification of all – to be clarified by customer – technical questions, on-time receipt of all documents to be supplied by the customer (in particular the documents pursuant to Clause 5.1.2. of these Terms and Conditions), approvals, releases, as well as observance of obligations by the customer pursuant to Clause 5.1.1 to 5.1.4 of these Terms and Conditions.
If one of these prerequisites is not fulfilled, or not on time or only partially, and the provision of service by Wircon GmbH is delayed as a result, the agreed deadlines/dates shall be extended correspondingly.
6.5 If the non-compliance with a deadline for deliveries/installation is due to mobilization, war, riot, strike, lockout or other circumstances which Wircon GmbH is not responsible for, the deadline, resp. the date shall be extended appropriately without further agreement. A responsibility by Wircon GmbH according to the above regulation is not only to be assumed because it is in delay upon occurrence of the respective event.
6.6 If Wircon GmbH cannot meet binding dates/deadlines for reasons which it is not responsible for (non-availability of the service), Wircon GmbH will inform the customer about this forthwith and at the same time inform about the anticipated new date/new deadline. If the service is also not available within the new deadline/at the new date, Wircon GmbH shall be entitled to terminate the contract wholly or partially; an already provided return service by the customer shall be reimbursed forthwith by Wircon GmbH.
As a case of non-availability of the service in this sense is, in particular, the not timely self-supply by suppliers of Wircon GmbH, when Wircon GmbH has concluded a congruent covering transaction and Wircon GmbH is not responsible for the non-delivery.
6.7 Delays of the commissioning by the operator of the power supply network, where Wircon GmbH has no influence according to the contractual services, are not within the area of responsibility of WIRCON GmbH and are therefore excluded from recourse claims.
6.8. The rights of the customer pursuant to Clause 9 of these Terms and Conditions and the legal rights of Wircon GmbH, in particular in the case of an exclusion of the obligation to perform (e.g. due to impossibility or unreasonableness of the service and/or supplementary performance), remain unaffected.
6.9 A late service provision by Wircon GmbH, even under consideration of the above regulations, shall entitle the customer to withdraw from the contract only after prior setting of an appropriate extension of time.
6.10 Irrespective of other rights to a solution, both the customer and Wircon GmbH have the right to withdraw from the contract, when the duration of the service impediment exceeds the period of one month or the service is not possible for an incalculable period.
7. Retention of title
7.1 Until full payment of all current and future receivables of Wircon GmbH from the purchase contract and a running business relation (secured receivables) Wircon GmbH will retain ownership of the sold goods.
7.2 The goods under retention of title may neither be pledged nor assigned by way of security to third parties before full payment of the secured receivables. The customer shall inform Wircon GmbH forthwith in writing, when an application for opening of insolvency proceedings is made or, if and when third parties exercise rights (e.g. attachments) over the goods belonging to Wircon GmbH.
7.3 In the case of behaviour contrary to the contract by the customer, in particular in the case of non-payment of the due purchase price, Wircon GmbH shall be entitled to withdraw from the contract in accordance with the legal provisions and/or demand return of the goods on the basis of the retention of title. The demand for the return of goods shall not be deemed to include a simultaneous declaration of withdrawal; Wircon GmbH is in fact entitled to only demand return of the goods and to reserve the withdrawal. If the customer does not pay the due purchase price, Wircon GmbH may only claim these rights, if it previously set the customer an appropriate deadline for the payment unsuccessfully or such a setting of deadline is dispensable according to the legal regulations.
7.4 Until revocation pursuant to Clause 7.4.3, the customer shall be entitled to sell on and/or process the goods under retention of title, in a proper business transaction. In this case, the provisions in the following apply additionally.
7.4.1 The retention of title extends to the products of Wircon GmbH created by processing, mixing or combination at their full value, whereby Wircon GmbH is considered to be the manufacturer. If, during processing, mixing or combination with third party goods, their retention of title remains in force, Wircon GmbH shall acquire co-ownership in the ratio of the invoice values of the processed, mixed or combined goods. Apart from that, the same applies for the created product as does for the goods delivered under retention of title.
7.4.2 The customer shall already assign to Wircon GmbH in total, resp. in the amount of any co-ownership share, the claims against third parties arising from the resale of the goods or the product in accordance with the preceding paragraph for security. Wircon GmbH accepts the assignment. The duties of the customer stated in Clause 7.2 shall also apply in view of the assigned claims.
7.4.3 The customer shall remain entitled to collect the sum due in addition to Wircon GmbH. Wircon GmbH undertakes not to collect the claims, as long as the customer fulfils his payment obligations vis-à-vis Wircon GmbH, there is no lack of his capacity and Wircon GmbH does not assert the retention of title by exercising a right pursuant to Clause 7.3. However, if this is the case, Wircon GmbH can demand that the customer discloses the assigned claims and their debtors to Wircon GmbH, provides all information required for the collection, hands over the related documents and informs the debtors (third parties) about the assignment. Furthermore, in this case Wircon GmbH shall be entitled to revoke the authorization of the customer for further sale and processing of the goods under retention of title.
7.4.4 If the realizable value of the securities exceeds the claims of Wircon GmbH by more than 10 %, Wircon GmbH will release securities at its discretion upon request of the customer.
7.5. Until transfer of ownership to the customer, the customer shall treat the sold goods with care, and shall insure these against fire, theft and the other usual risks appropriately at original value.
8. Delivery, Handover and Acceptance pursuant to § 433 para. 2 BGB (German Civil Code)
8.1. Insofar as installation work is not to be provided by Wircon GmbH, the following shall apply:
Shipment will be uninsured at the risk and expense of the customer.
WIRCON GmbH will only take out an insurance upon request by the customer and subject to a charge of the insurance premium. A credit for damage will only be issued when WIRCON GmbH has received cover from the insurance company. Further obligations will not be undertaken by WIRCON GmbH.
8.2 Insofar as Wircon GmbH also has to provide installation services in accordance with the contractual agreements, the following shall apply:
The customer shall immediately, after completed installation of the goods by Wircon GmbH, confirm the handover and acceptance for reasons of proof in writing vis-à-vis Wircon GmbH. Instead of the written confirmation, a protocol (“Handover protocol”) about the handover and acceptance of the goods shall be prepared, which must be signed by both contractual partners. WIRCON GmbH may have itself represented by a third party ordered by it.
The handover and acceptance is also deemed as having taken place when the goods have been taken into operation by the customer without reservation or the customer is in delay with the acceptance of the goods.
Measures by the respective power supply operator are separate processes which have nothing to do with the handover and acceptance of the goods from WIRCON GmbH. Commissioning is the first startup of the generator of the system after establishment of the technical operational readiness of the system. The technical operational readiness prerequisites that the system was firmly installed at the location intended for the permanent operation and was permanently installed with the accessories required for the generation of alternating current; the exchange of the generator or other technical or structural parts after the initial commissioning does not lead to a change of the time of the commissioning.
9. Customer’s claims for defects
9.1 For the rights of the customer in the case of material defects and defects of title (including wrong or short delivery, as well as improper installation or defective installation instructions) the legal provisions shall apply, if nothing other has been determined in the following. In all cases the legal special regulations remain untouched with final delivery of the goods to a consumer (supplier regress pursuant to §§ 478, 479 BGB (German Civil Code).
9.2 Basis of the liability of Wircon GmbH is, in particular, the agreement made about the quality of the goods. All product descriptions, which are the subject matter of the individual contract, apply as agreement about the quality of goods; here, it makes no difference whether the product description originates from the customer, the manufacturer or from Wircon.
9.3 Insofar as the quality was not agreed, it must be assessed pursuant to the legal regulation, whether there is a defect or not (§ 434 para. 1 sentence 2 and 3 BGB, German Civil Code). However, Wircon GmbH does not accept liability for public statements from the manufacturer or other third parties (e.g. advertising statements).
9.4 If the customer is a businessman, the legal inspection obligations and reprimand duties apply in supplement (§§ 377, 381 HGB = German Commercial Code).
9.5 If the delivered item is defective, Wircon GmbH can initially choose whether it provides supplementary performance by elimination of the defect (rectification) or by delivering a fault-free item (replacement delivery). The right of Wircon GmbH, to reject the supplementary performance under the legal prerequisites, remains unaffected.
9.6 Wircon GmbH shall be entitled to make the owed supplementary performance dependent on the circumstance that the customer pays the due purchase price. The customer shall, however, be entitled to retain a part of the purchase price appropriate in relation to the defect.
9.7 The customer shall give Wircon GmbH the time and opportunity required for the owed supplementary performance, in particular to hand over the rejected goods for examination purposes. In the case of the replacement delivery, the customer shall return the defective item to Wircon GmbH according to the legal provisions. The supplementary performance contains neither the expansion of the defective goods nor the renewed installation when Wircon GmbH was not originally obliged to conduct the installation (assembly).
9.8 The expenditures required for the purpose of testing and supplementary performance, in particular transport, road, work and material costs shall be borne by Wircon GmbH, if there is really a defect. Otherwise, Wircon GmbH can demand reimbursement of the costs generated by the unjustified request for the rectification of a defect from the customer (in particular test and transport costs), unless the missing defectiveness was not identifiable for the customer.
9.9 When the supplementary performance has failed or when an appropriate deadline to be set by the customer for the supplementary performance has expired unsuccessfully, or is dispensable according to the legal regulations, the customer can withdraw from the purchase contract, or reduce the purchase price. However, there is no right to withdraw in the case of an insignificant defect.
9.10 Customer claims for compensation, resp. replacement of wasted expenses exist only according to Clause 11, even in the case of defects, and are otherwise excluded.
9.11 Wircon GmbH recommends having the goods maintained and repaired by an expert competent person.
9.12. Excluded from the warranty are, in particular, natural, resp. usual wear, damages as a result of improper or negligent treatment, excessive load, unsuitable operating material, non- compliance with operating instructions and damages which are incurred on the basis of external influences which are not in the sphere of responsibility of Wircon GmbH and which were not assumed according to the contract (e.g. chemical or electro-chemical influences). The same applies to damages, which occur through modification or repair work conducted by the customer or third parties not included by WIRCON GmbH.
9.13 WIRCON GmbH does not accept liability for the amount of the actual income of the system (goods) and the self-consumption, as these results were determined by a model calculation and the values taken as basis serve solely for illustration and can differ from the actual values.
WIRCON GmbH points out that the amount of the legally granted remuneration may be changed or cancelled in total. Therefore, liability of WIRCON GmbH on the basis of remuneration changed legally or cancelled through the Renewable Energy Law (German EEG) for power from systems for the generation of electricity from solar radiation energy is also excluded.
The regulations of Clause 11.2 of these Terms and Conditions remain unaffected by this.
9.14 WIRCON GmbH does not accept any own guarantees in addition to the legal warranty claims and does not assure any special properties. If and to the extent manufacturers of components of the goods grant independent warranty claims for their part in addition to the legal warranty claims, these will be passed on to the customer by WIRCON GmbH and – if required – corresponding claims assigned. WIRCON GmbH itself does not bear liability for the warranty services of the manufacturers. It also does not have to take responsibility, when such warranty claims vis-à-vis the manufacturer become unenforceable for legal or factual grounds.
10. Limitation Claims from material defects and defects of title become time-barred – as far as nothing else is agreed – in two years, pursuant to § 438 para. 1 N. 3 BGB (German Civil Code).
11. Claims for damages
11.1 As far as nothing else results from these Terms and Conditions, including the following provisions, Wircon GmbH shall be liable in the case of an infringement of contractual and non-contractual duties according to the legal provisions.
11.2 Wircon GmbH will be liable for damages – regardless of the legal reason – within the scope of the fault-based liability in the case of intent and gross negligence. In the case of ordinary negligence, Wircon GmbH shall be liable, subject to a more lenient standard of liability, according to legal provisions (e.g. for care in own matters) only
11.2.1 for damages from injury to life, body, or health,
11.2.2 for damages from the not insignificant infringement of a major contractual obligation (obligation, whose fulfilment is essential to the due and proper implementation of the contract and on whose fulfilment the contract partner could rely on regularly and may rely on); in this case, liability of Wircon GmbH is, however, limited to the replacement of the foreseeable, typically occurring damage.
11.3 The limitations of liability resulting from Clause 11.2 also apply to breaches of duty by, resp. for the benefit of persons, whose fault Wircon GmbH is responsible for according to legal provisions. They do not apply when Wircon GmbH maliciously kept secret a defect or accepted a guarantee for the quality of the goods and for claims of the customer pursuant to the product liability law.
11.4 The customer may only withdraw because of a breach of duty which is not a defect, when Wircon GmbH is responsible for the breach of duty. For all other cases, the legal prerequisites and legal consequences shall apply.
11.5 None of the above regulations aim to achieve a change of the legal or case law burden of proof.
12. Termination with contract pursuant to § 651 sentence 3 BGB (German Civil Code), Transfer of rights
12.1 If a contract exists pursuant to § 651 sentence 3 BGB (German Civil Code), the following applies with regard to termination:
12.1.1 The termination must be declared in writing.
12.1.2 If termination takes place, for whatever reason, without this being the responsibility of Wircon GmbH, Wircon GmbH has the right to demand a lump-sum remuneration, resp. a flat rate compensation in the amount of 10% of the net total (net purchase price) agreed at the time of the withdrawal, whereby Wircon GmbH and the customer have the right to provide evidence in the individual case, that damage has not occurred, or this is considerably lower, resp. higher than the lump sum.
12.2 The customer may not transfer his contractual rights, in particular claims against Wircon GmbH, to third parties without express approval. § 354a HGB (German Commercial Code) remains unaffected.
13. Advertising, Reference
The customer agrees that Wircon GmbH may name the installed system as reference and may use photos of the system for advertising purposes. The customer shall be entitled to revoke this approval in writing at any time.
14. Product specific conditions
Photovoltaic feed of the electrical energy: the feeding of electrical energy into the network of the local network operator requires a contract between the customer and the local network operator, the conclusion of which is the responsibility of the customer. The customer shall assure that the notifications required by public law for the installation of the photovoltaic-system on the roof of the building have been made with the responsible building authority.
WIRCON GmbH may demand corresponding evidence from the customer.
15. Agreement on jurisdiction
15.1 Place of jurisdiction for all disputes between Wircon GmbH and domestic customers from or in connection with this contract is the registered office of Wircon GmbH or, according to choice of Wircon GmbH, the general or a special place of jurisdiction of the customer, provided the customer is a businessman, legal entity under public law or special fund under public law and the legal dispute neither concerns a claim not involving an economic interest, which is assigned to the district courts without regard to the value of the matter in dispute, nor an exclusive place of jurisdiction is justified.
15.2 The regulations in Clause 15.1 apply correspondingly vis-à-vis customers which do not have a general place of jurisdiction in Germany or customers, which, after conclusion of the contract have moved their place of residence or habitual residence to outside of Germany or whose place of residence or habitual residence is not known at the time of filing an action.
16. Place of fulfilment
Provided nothing other results from these Terms and Conditions, the registered office of Wircon GmbH is the place of fulfilment for all mutual obligations.
17. Final provisions and applicable law
17.1. Should individual provisions of these Terms and Conditions be or become invalid, void or incomplete, the validity of the remaining provisions and the legal validity of the contract will remain unaffected.
17.2. For all legal relationships between Wircon GmbH and the customer from or in connection with this contract, the law of the Federal Republic of Germany shall be relevant with exclusion of the UN Convention on Contracts for the International Sale of Goods, (CISG).
WIRSOL Energy Pty Ltd.
201/39 East Esplanade