AGB Installations

General Terms and Conditions (GTC) of DAS Kraftwerk GmbH

1. general information
2. Offer, order, order confirmation
3. Products/Mass/Quality
4. Prices
5. Terms of delivery
6. Delivery period
7. Warranty and guarantee conditions
8. Claims for damages
9. Product liability
10. Retention of title
11. Terms of payment
12. Intellectual property
13. Force majeure, benefit and risk
14. Changes
15. Binding original text
16. Place of performance
17. Place of jurisdiction, applicable law

1. general

The following General Terms and Conditions (GTC) apply to all business relations with DAS Kraftwerk GmbH, hereinafter referred to as DAS. These Terms and Conditions are an integral part of all deliveries by DAS. Deviations from these Terms and Conditions shall only be valid if DAS expressly accepts them in writing.

2. offer, order, order confirmation

DAS's offers are subject to change. This applies in particular to prices, quantities, delivery periods and delivery options. Offers shall be valid for a period of 12 weeks, unless a different period is agreed in writing between the parties. The Customer shall be bound by his order. DAS shall only be bound to it after written acceptance of the order.

3. products/mass/quality

Unless otherwise agreed in writing, DAS shall supply the products and materials in customary commercial quality and within the factory tolerances. DAS does not check the suitability of the products and materials sold for the Customer's intended use. The Customer declares that he has sufficient knowledge of DAS's products and their handling. Illustrations, dimensions, weights and all other technical information in brochures, general documents and the like are non-binding. Only the information in the order confirmation shall apply.

4. prices

Prices are quoted ex works excluding value-added and other taxes, customs duties or other levies and excluding packaging and transportation costs. The prices according to the written order confirmation shall apply. The applicable value added tax shall be shown separately and added. In addition, DAS is entitled to demand a reasonable price adjustment if circumstances arise after conclusion of the contract which increase costs for DAS, in particular due to an increase in the price of raw materials or merchandise as well as an increase in wage and energy costs etc. (so-called clausula rebus sic stantibus) and if there are more than 4 months between conclusion of the contract and the delivery date. In the event that the Customer wishes to make use of the zero tax rate in accordance with Section 28 (62) UStG, he confirms to DAS when placing the order that the conditions for the application of the zero tax rate are fulfilled. The customer operates the photovoltaic system himself, the bottleneck output does not exceed 35 kW (peak) and it is a tax-privileged building. Beneficiary buildings are, for example, those that serve residential purposes or are used by public corporations or are used by corporations, associations of persons and property funds that serve charitable, benevolent or ecclesiastical purposes. No funding has been implemented via the EAG (or there is no open application for funding)." In the event of cancellation and/or amendment of the accepted order by the Customer, DAS shall be entitled to invoice the Customer for the costs of order realization.

5. terms of delivery

Unless otherwise agreed in writing, the terms of delivery ExWorks (INCOTERMS 2020) Leobersdorf, Austria shall apply

6. delivery period

The stated delivery periods are to be regarded as approximate and are to be understood from the date of receipt of payment. If it is foreseeable for DAS that the delivery cannot be made within the specified period, DAS shall inform the Customer immediately in writing, by e-mail, stating the reasons and, if possible, the expected new delivery date. Claims for compensation due to late delivery are excluded. Even in the event of late delivery, the Customer is obliged to accept the goods unless he has previously set a reasonable subsequent delivery period of at least 15 working days and has waived delivery after this period has expired. Shortages of raw materials, operational disruptions, cases of other force majeure and reasons beyond DAS's control (e.g. import difficulties, delays by third-party suppliers) shall release DAS from its delivery obligations for the duration of the hindrances and their consequences, without the Customer concerned being entitled to compensation. If the Customer is in default of acceptance of the products, DAS shall be entitled to charge storage costs of EUR 5 per pallet for each day of delay from the 5th working day after the date of readiness for dispatch.

7 Warranty and guarantee conditions

The warranty period is 24 months, unless special warranty periods have been agreed for individual delivery items. The warranty period shall commence at the time of transfer of risk. In addition to the statutory warranty claims, DAS offers extended, product-dependent warranty conditions.

8. claims for damages

DAS shall only be liable for claims for damages if the damage was caused intentionally or through gross negligence on the part of DAS. 2 This also applies to any organizational fault. Liability for consequential damages of any kind is excluded to the extent permitted by law. This applies in particular to indirect damage and loss of profit.

9. product liability

All claims arising from product liability are excluded insofar as this is permissible under applicable law and nothing to the contrary has been agreed in writing.

10. reservation of title

The goods shall remain the property of DAS until full payment of all claims, including future claims. Default of payment entitles DAS to withdraw from the contract and to demand the return of delivered goods. At the same time, the Customer undertakes to surrender these goods. In the event of seizure or other interventions by third parties, the Customer is obliged to inform DAS immediately. Furthermore, the Customer assigns to DAS all existing and future claims arising from the resale of the reserved goods. The Customer shall inform DAS of the corresponding claims in good time. DAS is entitled to notify the assignment (notification) at any time.

11. payment modalities

Unless otherwise agreed by the parties, 100% advance payment shall be made. DAS shall commence implementation of the order after the full amount has been credited to the DAS account. If other payment terms have been agreed between the parties and there is a delay in payment, DAS shall be entitled to charge a penalty of 12% per annum.

12. intangible assets

All information, including but not limited to drawings, technical documents relating to products and solutions remain the sole property of DAS.

13. force majeure, benefit and risk

DAS shall not be liable in the event of force majeure such as acts of war, natural disasters, boycotts, strikes, operational disruptions, production stoppages, material shortages, etc. or legal impossibility. No event of force majeure shall release the customer from its payment obligations. The transfer of benefit and risk to the customer shall take place at the time of acceptance by the customer or at the time of handover of the delivery to a carrier or forwarding agent. In the event of default of acceptance or payment by the customer, the risk of loss of or damage to the goods shall pass directly to the customer. From this point in time, the delivery shall be stored at the risk of the customer. Appropriate insurance is the responsibility of the customer.

14. changes

DAS reserves the right to change the General Terms and Conditions at any time and without prior notice.

15 Binding original text

If there are any differences between the German and any other language versions of the General Terms and Conditions, the original German text shall apply.

16. place of fulfillment

The place of performance for deliveries/services shall be the registered office of DAS Kraftwerk GmbH (Leobersdorf, Austria)

17 Place of jurisdiction, applicable law

The ordinary courts in Vienna, Austria, shall have jurisdiction over all disputes. DAS shall, however, be entitled to bring an action at the Customer's place of jurisdiction. All business relations between DAS and the Customer shall be governed exclusively by Austrian law.

The Uniform Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, CISG) is excluded.

Leobersdorf, January 2024

General terms and conditions and customer information

1. scope of application
2. Offers and service descriptions
3. Order process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Terms of payment
7. Retention of title
8. Warranty for material defects and guarantee
9. Liability
10. Storage of the contract text
11. Final provisions

1. scope of application

1.1 The business relationship between DAS Kraftwerk GmbH (hereinafter "Seller") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

1.3 Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity.

2. offers and service descriptions

2.1 The presentation of the products in the online store does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee.

2.2 All offers are valid "while stocks last", unless otherwise stated with the products. Errors excepted.

3. ordering process and conclusion of contract

3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to cart" button. Within the shopping cart, the product selection can be changed, e.g. deleted. The customer can then proceed to complete the order process within the shopping cart by clicking on the "Proceed to checkout" button.

3.2 The customer submits a binding request to purchase the goods in the shopping cart by clicking on the "Order with obligation to pay" button. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Required information is marked with an asterisk (*).

3.3 The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic confirmation of receipt merely documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice. Acceptance can also be confirmed by a request for payment sent by the seller to the customer and, at the latest, by the completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the seller does not accept the customer's offer within the acceptance period, no contract is concluded and the customer is no longer bound by his offer.

3.4 In the case of customers who are companies, the aforementioned period for dispatch, handover or order confirmation is seven days instead of two.

3.5 If the seller allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the seller within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request, the seller shall withdraw from the contract with the result that the order shall lapse and the seller shall have no obligation to deliver. The order is then completed for the buyer and seller without any further consequences. A reservation of the item for advance payments is therefore made for a maximum of 10 calendar days.

4. prices and shipping costs

4.1 All prices stated on the Seller's website include the applicable statutory value added tax.

4.2 In addition to the stated prices, the seller charges shipping costs for delivery. The shipping costs are clearly communicated to the buyer on a separate information page and during the ordering process.

5. delivery, availability of goods

5.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.

5.2 Should the delivery of the goods fail through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

5.3 If the ordered product is not available because the seller is not supplied with this product by its supplier through no fault of its own, the seller may withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or the customer does not wish a comparable product to be delivered, the seller shall immediately reimburse the customer for any payments already made.

5.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

5.5 In the case of customers who are companies, the risk of accidental loss and accidental deterioration of the goods shall pass to the buyer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment; the specified delivery dates and deadlines are not fixed dates, unless otherwise promised or agreed.

5.6 The Seller shall not be responsible for delays in delivery and performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Seller, even in the case of bindingly agreed deadlines and dates, vis-à-vis customers who are entrepreneurs. In this case, the seller is entitled to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline also applies to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of an upstream supplier and for which neither the supplier nor the seller is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after a reasonable period to be set by the customer or by mutual agreement with the seller.

6. payment modalities

6.1 The customer can choose from the available payment methods during and before completing the order process. Customers are informed about the available means of payment on a separate information page.

6.2 If payment by invoice is possible, payment must be made within 30 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.

6.3 If third-party providers are commissioned with payment processing, e.g. Paypal, their general terms and conditions apply.

6.4 If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer shall pay the statutory default interest.

6.5 The obligation of the customer to pay default interest does not exclude the assertion of further damages caused by default by the seller.

6.6 The customer shall only have a right of set-off if his counterclaims have been legally established or recognized by the seller. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7. reservation of title

The delivered goods remain the property of the seller until full payment has been made.

For customers who are entrepreneurs, the following also applies: The seller retains ownership of the goods until all claims arising from an ongoing business relationship have been settled in full; the buyer is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. In particular, he is obliged to insure them adequately at his own expense against theft, fire and water damage at replacement value, insofar as this is appropriate or customary in the industry. If maintenance and inspection work has to be carried out, the buyer must carry this out in good time at his own expense. The processing or transformation of the reserved goods by the customer shall always be carried out for the seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller shall acquire co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. In all other respects, the same shall apply to the item created by processing as to the reserved goods. The customer also assigns the claim to secure the claims against him which arise against a third party through the combination of the reserved goods with a property. The customer must immediately notify third parties of any seizure of the goods owned or co-owned by the seller. The customer shall bear any costs arising from such interventions for a third party action or costs for an out-of-court release. The customer is entitled to resell the goods subject to retention of title in the ordinary course of business. By way of security, the customer assigns to the seller in full all claims arising from the resale or other legal grounds with regard to the reserved goods (including all current account balance claims). The seller revocably authorizes the customer to collect the claims assigned to the seller for his account and in his own name. This direct debit authorization can be revoked if the customer does not properly meet his payment obligations. The seller undertakes to release the securities to which the seller is entitled at the customer's request if their total sales value exceeds the sum of all outstanding claims of the seller from the business relationship by more than 10% (by more than 50% if there is a realization risk). The selection of the securities to be released is incumbent on the seller. Ownership of the goods subject to retention of title and the assigned claims shall pass to the Buyer upon settlement of all claims of the Seller arising from delivery transactions. The selection of the securities to be released shall be incumbent on the seller.

8 Warranty for material defects and guarantee

8.1 Subject to the following provisions, the warranty (liability for defects) shall be governed by statutory provisions.

8.2 The goods delivered by the seller are only covered by a guarantee if this has been expressly given. Customers are informed of the warranty conditions before initiating the order process.

8.3 If the customer is an entrepreneur, he must inspect the goods immediately without prejudice to statutory obligations to give notice of defects and notify the supplier of recognizable material defects immediately in writing, at the latest within two weeks of delivery, and of non-recognizable material defects immediately, at the latest within two weeks of discovery. Deviations in quality, weight, size, thickness, width, finish, pattern and color that are customary in the trade and permissible or minor in accordance with quality standards shall not constitute defects.

8.4 If the customer is an entrepreneur, the choice between rectification or subsequent delivery of defective goods shall be made by the seller.

8.5 Without prejudice to the liability provisions of these GTC, material defects shall generally become statute-barred one year after the transfer of risk for customers who are entrepreneurs, unless longer periods are prescribed by law, in particular in the case of special provisions for the entrepreneur's recourse. In the case of used goods, the warranty of customers who are entrepreneurs is excluded.

8.6 If the customer, who is an entrepreneur, has installed the defective item within the meaning of Section 439 (3) BGB in another item or attached it to another item in accordance with its type and intended use, the seller is not obliged, subject to an express agreement and without prejudice to the other warranty obligations, to reimburse the customer for the necessary expenses for the removal of the defective item and the installation or attachment of the repaired or delivered defect-free item within the scope of subsequent performance. Accordingly, the seller is also not obliged to reimburse expenses for the removal of the defective item and the installation or fitting of the repaired or delivered defect-free item in the context of recourse by the customer within the supply chain (i.e. between the customer and its customers).

9. liability

9.1 The following exclusions and limitations of liability shall apply to the Seller's liability for damages, notwithstanding the other statutory requirements for claims.

9.2 The Seller shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the seller is only liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

9.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 Insofar as the Seller's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. storage of the contract text

10.1 The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2 The seller shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. With the order confirmation, but at the latest upon delivery of the goods, the customer will also receive a copy of the General Terms and Conditions together with the cancellation policy and the information on shipping costs and delivery and payment terms. If you have registered in our store, you can view the orders you have placed in your profile area. We also save the text of the contract, but do not make it accessible on the Internet.

10.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by referring to an online source.

11. final provisions

11.1 If the Buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance shall be the Seller's registered office, while the place of jurisdiction shall be the Seller's registered office if the Customer is a merchant, a legal entity under public law or a special fund under public law or if the Buyer has no general place of jurisdiction in the country in which the Seller's registered office is located. The seller reserves the right to choose another permissible place of jurisdiction.

11.2 In the case of entrepreneurs, the law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this does not conflict with any mandatory statutory provisions.

11.3 The contractual language is German.

11.4 Platform of the European Commission for online dispute resolution (OS) for consumers: We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.