Terms and Conditions
General business and delivery terms and conditions
1. The sales and delivery terms and conditions listed below apply exclusively. They form an integrated part of Grammer Solar's products and their purchasing contracts. Any conditions of the buyer or ordering party deviating from these conditions are not valid. We hereby expressly raise objection to a conflicting confirmation of the buyer's business and purchasing conditions.
2. Grammer Solar reserves the right to patent rights, rights for utility models and trademark rights for the supplied goods. Grammer Solar reserves the right to copyright of the drawings and assembly instructions. Passing them on to third parties for their use is prohibited.
3. If the buyer withdraws from the contract without any legal reasons after the order has been issued or does not accept the goods, and Grammer Solar agrees to this, the buyer is obliged to pay an appropriate compensation of 20% of the purchase price for the resulting expenses.
4. The delivery deadlines or dates indicated by Grammer Solar are not fixed. Compensation for damages due to non-compliance or compensation for damages due to delay will only be paid by Grammer Solar if deliberate action or gross negligence exists. In every case, a possible compensation for damages based on the amount is limited to the order value.
5. Risk is transferred to the customer when the destination has been reached even if delivery with freight paid was agreed on. The buyer must check the goods immediately after receiving them at the place of acceptance agreed on. Acceptance of damage free goods is confirmed by signing the delivery note. A written receipt must be given to the forwarding agent immediately on delivery if goods are damaged and must be reported to Grammer Solar in writing at once. If a new delivery is required, e.g. due to rejection or lack of sufficient staff or suitable equipment for unloading, the buyer must bear the ensuing costs.
6. Grammer Solar reserves the right to ownership of the delivered goods until all claims resulting from the business relationship have been fully compensated. These can only be realised in the course of normal business as long as the customer has not delayed payment to Grammer Solar.
The following applies to further sale of goods:
- The customer has already transferred the claims arising out of the sale to Grammer Solar once the contract has been finalised.
- The customer is obliged to inform third party buyers of the transfer and to provide Grammer Solar with all documents and information required for the enforcement of the transferred claims.
- If the goods under conditional sale or the claims transferred to Grammer Solar are seized, Grammer Solar must be informed about all the circumstances required for enforcement of their claims.
The authorisation of customers to sell goods under conditional sale in ordinary business transactions ends when they stop payment at the latest, or if bankruptcy proceedings have been opened on the customer’s assets. In this case, the customer is obliged to hand over the goods under conditional sale to Grammer Solar after the initial request by Grammer Solar. There can be no withdrawal from the purchasing contract in the request for handing over.
7. The customer must inform Grammer Solar immediately in writing if there are complaints about material defects.Grammer Solar provides a 10 year guarantee for material defects to Grammer Solar assembly systems and solar air collectors. Movable parts such as ventilators are an exception. If there is a defect in a photo voltaic unit on acceptance, Grammer Solar is subsequently entitled to time to improve the defect within an appropriate period. The customer can withdraw from the contract or ask for a payment reduction if Grammer Solar failed to improve after setting an appropriate subsequent period. The claims for a guarantee expire 2 years after accepting the photo voltaic unit. In addition to and independently of the claims to a guarantee, the manufacturers of components of PV units issue a guarantee in accordance with the respective manufacturer’s specifications. In the case of a guarantee payment, Grammer Solar reserves the right to check with the manufacturer of the respective products whether a guarantee case exists. If such a case exists, it is the job of the product manufacturer to compensate accordingly or arrange for repairs. Taking over costs for guarantee payments is incumbent on the manufacturer of the confirmed defective product. In cases of bankruptcy or non-fulfilment of a guarantee payment on the part of the manufacturer, Grammer Solar is not obliged to pay any guarantee.
The guarantee no longer comes into effect,
- if the goods are not stored and assembled appropriately under observation of the assembly regulations particularly if the legal and technical standards as well as assembly and operating regulations concerned, enclosed at the time of delivery, were not observed, if assembly was not carried out by Grammer Solar;
- in cases of wear and tear caused by normal use;
- if it concerns damages caused by wrong handling, operation or maintenance of the unit;
- if it concerns damages caused by defective installation by an installer provided by Grammer;
- for a selection of components by our customer that does not correspond to the use (e.g. oversized or undersized unit).
The guarantee does not cover and dismantling and installation costs required for exchange or repairs.
8. Amberg is the place of execution for delivery and payment, as well as the place of jurisdiction.
9. If any of the terms of these sales and delivery conditions is or becomes ineffective or if specifically deviating agreements are made with respect to individual terms, the remaining terms are still effective and remain unaffected by them.