Terms of Service for Heat Pumps

Heat Pumps - General Terms and Conditions (GTC)

1. Scope of Application

1.1

The following General Terms and Conditions (hereinafter referred to as GTC) apply to contracts between Woltanic GmbH, Tel.: 030 83791315, Email: info@woltanic.de and its customers (consumers and entrepreneurs). These apply to all orders, deliveries and services (including ancillary services), business areas and customer relationships.

1.2

Deviating General Terms and Conditions of the customer are objected to. These are not recognized unless we expressly agree to their validity in text form. The execution of delivery or service is not to be regarded as such consent.

1.3

All agreements require text form for their effectiveness. Oral agreements that have not been confirmed in text form have no validity.

1.4

Delivery contracts and all other agreements (including side agreements), as well as declarations by representatives or agents of Woltanic GmbH, only become legally binding through confirmation in text form.

1.5

The terms and conditions apply to entrepreneurs in accordance with § 14 BGB for all current and future business relationships.

1.6

The currently valid version of the GTC can be accessed and printed at any time on our website at www.woltanic.de.

1.7

"Consumer" within the meaning of the General Terms and Conditions is any natural person in accordance with § 13 BGB with whom we enter into business relationships, without this being attributable to a commercial or independent professional activity.

1.8

"Entrepreneur" within the meaning of the General Terms and Conditions is a natural or legal person or partnership with legal capacity in accordance with § 14 BGB who acts in the exercise of a commercial or independent professional activity when concluding a legal transaction.

1.9

Consumers have a right of withdrawal in certain legally regulated cases. In this case, we will inform you separately about this.

2. Contract Conclusion

2.1

Our offers are subject to change and non-binding. Offers are valid for 30 days from the date of offer creation.

2.2

Insofar as an offer in text form from Woltanic GmbH exists and nothing else is agreed, the offer is binding for the specified duration, which is noted in the postscript of the respective offer.

2.3

By signing the submitted offer and the delivery and payment terms, the contract acceptance with Woltanic GmbH is concluded.

2.4

In situations where a change of the contract terms is required, the customer receives a new price offer with delivery and payment terms.

2.5

The documents belonging to offers or orders such as illustrations, drawings, weight and dimension specifications, etc. are only approximately authoritative. Changes that manufacturers generally make in construction or equipment do not entitle the customer to complaints or withdrawal from the order. Cost estimates are non-binding. Obvious errors, spelling and calculation errors are not binding for us.

2.6

The offers with all attachments remain the property of Woltanic GmbH, they may not be passed on to third parties without express written permission and must be returned to Woltanic GmbH if an order does not materialize. Misuse obliges to pay damages.

2.7

We are generally not obliged to accept your order. The conclusion of the contract is expressly subject to the reservation of correct and timely delivery by our suppliers. We assume no liability for non-delivery or untimely delivery by a supplier. We are not responsible for this. You as a customer will be informed immediately about the unavailability of the service. In this case, the consideration will be refunded immediately.

2.8

Official and other permits are to be obtained by the customer. Woltanic GmbH must provide the necessary documents to the customer for this purpose.

2.9

The preparation and adaptation of the electrical installation is the responsibility of the customer, unless this is expressly included in the contract with Woltanic. The installation must comply with VDE regulations and meet the requirements of the heat pump system of the respective output.

3. Prices

3.1

The prices stated in the order will be the applicable price list.

3.2

Additional work or materials that are not included in the order will be invoiced according to a separate offer.

3.3

Confirmed prices only apply when accepting the confirmed quantities or services.

3.4

When agreeing on a fixed price, this is only binding if it has been recognized by us in text form and has been agreed in connection with a time agreement on the start and completion of the work.

3.5

The agreed fixed price includes all costs and expenses associated with the implementation of the measure.

3.6

Partial deliveries and partial services can be invoiced separately after partial acceptance has taken place at any time, unless expressly otherwise specified.

3.7

If the start, progress or completion of the work is delayed for reasons for which we are not responsible, we are entitled to increase the prices for labor, material and other costs incurred according to Section 3.4. The regulation in Section 3.2 remains unaffected.

3.8

If the service is performed on the basis of a binding cost estimate, a reference to the cost estimate is sufficient; only the deviations in the service effort need to be listed separately.

3.9

Services not expressly estimated in the offer that are necessary for the execution of the order or are performed at the customer's request will be invoiced additionally.

3.10

The prices are understood, unless otherwise agreed, plus the legally valid value-added tax.

3.11

Disposal refers exclusively to the installation waste incurred by Woltanic and does not include the disposal of earth or green waste. The disposal of the old heating system is only carried out on the basis of an order to Woltanic.

4. Payment Terms and Set-Off

4.1

Woltanic is entitled to demand a down payment if this is shown in the offer proposal. Furthermore, Woltanic is entitled to demand a partial payment after delivery and before installation of the heat pump. The partial payment amounts to a maximum of 60% of the total price, less the down payment already made. If heat pumps and other components are not delivered at the same time, Woltanic is entitled to demand the partial payment already after delivery of the component.

4.2

All payments by the customer are made via bank transfer. Woltanic is entitled to assign claims from the business relationship with the customer to third parties. In addition to claims from the sale, delivery and installation of systems, this also applies to (co-) ownership and expectancy rights to the delivered systems and other goods as well as related claims for surrender, design and other ancillary rights (e.g., claims from performance disruptions such as claims for damages or default interest in case of payment default by the customer).

4.3

The final invoice is issued immediately after installation of the components ordered by the customer or – if this does not occur during installation – immediately after the first technical commissioning of the system. Subject to deviating agreements, the respective invoice amount – less any advance payments made – becomes due for payment seven (7) days after receipt of the respective invoice. If a change of the electricity meter is required due to mandatory legal provisions as a result of the installation and operation of a system delivered by Woltanic, €2000 of the invoice amount will only become due for payment on the date of the meter change, deviating from sentence 1. For clarification, the meter change is not part of Woltanic's services and is usually carried out by the local distribution grid operator.

4.4

Should material and/or installation costs increase by more than 10% by the delivery date due to supplier-related price increases compared to the order time, Woltanic is entitled to increase the price accordingly. This only applies if the announced delivery time is longer than 4 months. Other cost reductions incurred in the order are to be credited. Woltanic has the obligation to inform the contractor about the price increase before delivery of the components. The customer has the right to reject the price increase and thus withdraw from the order confirmation.

4.5

Should the customer declare a withdrawal after the withdrawal period has expired, the dissolution of the order confirmation depends on Woltanic's consent. If Woltanic agrees to the contract dissolution, deliveries already made must be returned to Woltanic and the customer must pay compensation of €1,000.

5. Reservation of Title

5.1

All delivered goods remain the property of Woltanic GmbH until full payment of all claims from the business relationship (current account reservation). Security transfer and pledge of the reserved goods are not permitted to the customer.

5.2

A resale of the goods is not permitted.

6. Delivery Time and Delivery Obstacles

6.1

Execution periods and delivery time specifications begin with the date of order confirmation, but not before clarification of all execution details and all other prerequisites to be created by the customer for the proper processing of the contract. The same applies to delivery dates. Early deliveries and partial deliveries are permitted. The day of dispatch from the warehouse or the start of execution work is considered the delivery day. The specified delivery periods will be observed if possible. However, they are without guarantee and only apply as approximate.

6.2

If the customer violates his cooperation obligations, Woltanic GmbH is entitled, after setting a fruitless deadline, to take the necessary measures itself and deliver the goods or withdraw from the part of the delivery contract not yet fulfilled. The right to demand damages for breach of duty remains unaffected.

6.3

Events of force majeure or other unexcused impairments of our performance capabilities extend the deadline appropriately and entitle Woltanic GmbH to withdraw from the contract in whole or in part. Force majeure includes strike, lockout, transport obstructions, delays in raw material delivery, operational disruptions or other unforeseeable circumstances for which we are not responsible, which significantly impede or make our performance impossible. This also applies if these events occur at a time when Woltanic GmbH is in default of delivery, unless we have caused the delay intentionally or through gross negligence. This also applies if the mentioned circumstances occur at a supplier.

6.4

During the execution of the work, a lockable area must be provided free of charge by the customer for the storage of building materials and tools and the like.

7. Acceptance

7.1

Acceptance of the services rendered must be carried out after completion, even if the final fine adjustment has not yet taken place, as soon as we have informed the customer about the completion.

7.2

Acceptance cannot be refused due to minor defects.

7.3

Woltanic assumes no responsibility for the commissioning dates specified by the pump manufacturers.

8. Transfer of Risk

8.1

Woltanic GmbH bears the risk of accidental loss until acceptance of the service.

8.2

If the customer is in default with acceptance, the risk passes to him at the time of default. A transfer of risk also occurs if the installation is interrupted for reasons for which the customer is responsible and we have transferred the services rendered up to that point into the custody of the customer by mutual agreement.

8.3

If the customer is an entrepreneur, the risk passes to him upon handover of the goods to a freight forwarder or upon collection by the customer.

9. Warranty

9.1

The applicable statutory warranty provisions apply.

9.2

The limitation period for defect claims from work contracts is regulated in § 634 a BGB.

9.3

With regard to entrepreneurs, we are initially entitled, at our choice, to subsequent performance or replacement delivery if there is a defect for which we are responsible. Subsequent performance is considered to have failed after the unsuccessful second attempt, unless something else results in particular from the nature of the thing or the defect or the other circumstances.

9.4

However, the customer has no right of withdrawal for only minor defects, but only a right to reduction.

9.5

Entrepreneurs must complain about obvious defects in writing within 10 days of receipt of the goods. Non-obvious defects and defects not recognizable during proper examination must be complained about by the entrepreneur in writing within 10 days of their discovery. If the complaint period is missed, no warranty is considered for the defects affected thereby.

9.6

The warranty period for consumers is five years from delivery of the goods. The warranty period for entrepreneurs is one year from delivery of the goods.

9.7

We are not liable for defects in the delivered goods that were caused by the goods being handled improperly or changed in a manner not approved by us. The same applies if the customer has not followed the regulations on handling, maintenance and care of the goods (e.g., operating instructions).

9.8

The customer must immediately notify Woltanic GmbH of a defect in the repair or installation. If the customer has improperly carried out repair or installation work himself or had it carried out by a third party without our express consent, Woltanic GmbH's liability for this work is excluded. The same applies if, at the customer's request, the replacement of parts requiring renewal is omitted.

10. Manufacturer Guarantee

10.1

Woltanic GmbH does not assume any separate warranty for the heat pump unit itself, only the manufacturer's warranty applies in accordance with the conditions specified by him.

10.2

Woltanic GmbH mediates warranty claims to the manufacturer, so it is possible to transmit such a notification to Woltanic GmbH. Any guarantee claims should be reported to Woltanic GmbH by email: service@woltanic.de

10.3

The manufacturer's guarantee period is indicated on the product's guarantee card.

11. Liability

11.1

Our liability for damages caused by or in connection with the exercise of obligations under this contract is excluded. A limitation of liability does not apply to

• damages from injury to life, body or health;
• damages that are based on a breach of duty by us regarding essential contractual rights and obligations that are indispensable for the proper execution of the contract, and thereby the achievement of the contract purpose is endangered (cardinal obligations), whereby liability in this case is limited to typical and foreseeable damages;
• damages that are based on an intentional or grossly negligent breach of duty by us;
• the liability under the Product Liability Act;
• the liability in case of assumption of a guarantee;
• the breach of essential contractual obligations; these are obligations, the fulfillment of which first enables proper contract execution and on whose compliance the contracting party relies and may also rely. Liability for breach of essential contractual obligations is limited to the contract-typically reasonably foreseeable damage.

11.2

The exclusion of liability and limitations of liability by us also apply to the legal representatives and vicarious agents of Woltanic.

12. Data Protection

12.1

Information about how we handle your personal data is contained in our privacy policy.

13. Final Provisions

13.1

Disputes arising from and in connection with contracts between us and customers are governed by the law of the Federal Republic of Germany, excluding the UN Sales Law. The statutory provisions on the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

13.2

Place of performance is our registered office.

13.3

Place of jurisdiction for all disputes – if the customer is a merchant or a person equated with him according to § 38 ZPO – is our registered office. Woltanic remains entitled, regardless of this, to take legal action against the customer at his general place of jurisdiction.

13.4

The order confirmation remains binding in its other parts even if individual points are legally ineffective. Instead of the ineffective points, the statutory provisions apply, if available. However, if this would represent an unreasonable hardship for a contracting party, the contract becomes invalid as a whole.

Sample Withdrawal Form

If you want to withdraw from the contract, please fill out this form and send it back

To the

WOLTANIC GmbH Palisadenstraße 41, 10243 Berlin Or Email: info@woltanic.de

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()

Ordered on() / received on()

Name of consumer(s)

Address of consumer(s)

Signature of consumer(s) (only for notification on paper) Date

(*) Delete as applicable