Terms and Conditions

For all our sales transactions and deliveries are exclusively subject to the following terms and conditions. This is true even if the buyer has informed about their own differing terms and conditions.

§ 1 General

The following terms and conditions apply to the entire business relationship between our business partners - hereinafter referred to as customers - and called the company MHS Solarbau Boos - hereinafter only company - for all supplies, services and offers. You will be agreed upon at the first award with the business partner / customer and are valid for all future orders, even if has been advised of their validity do not explicitly again. The terms and conditions apply exclusively; any divergent conditions of the business partner are excluded if the company does not expressly and confirmed in writing to be valid. This applies even if it is having any deviating conditions of the supply business partner unconditionally executed.

§ 2 Offer, subject-matter

1. Offers, orally or in writing, are always non-binding. Orders are only binding if they are confirmed in writing within a reasonable time or with the consent of the customer as agreed executed. 2. Govern the nature, extent and time of delivery or services is the written order confirmation or the contract, if this is not contradicted in writing within 10 working days. 3. Regarding the in brochures, illustrations, drawings and other descriptions given services, particularly in terms of dimensions, colors, designs and shapes as well as other values. Variations through the use of the contractual purpose is not restricted, the Company reserves the right standard deviations, without the customer can not derive rights from it. 4. Illustrations, drawings, dimensions and weight specifications and other technical data or information does not guarantee quality or durability dar. Warranted characteristics or durability or quality guarantees must be agreed in writing especially. 5. When present price or offer a customer requests an expenditure that is consistent with the subsequent purchase of proportion or the company is recognized that these be claimed without any serious intent to purchase or influence will only be claimed by a competitor in its pricing to retain the company itself, to claim a reasonable remuneration. 6. General price and supply requests are free with up to three different general - not detailed - price and supply variations, which sent the company e-mail, operated. When the customer called-up-beyond, running services in detail, are associated with complex planning, consulting, and site visits in reserves - when it comes to any contract - the company is also in demand for adequate compensation. 7. The appropriate charge is 1 per thousand of the Bruttoangebotssumme be applied. For particularly complex activity reserves the company has a stundengenaue, the burden adequate settlement before.

§ 3 Prices

As far as the confirmation of order states otherwise, the prices include shipping from the factory or warehouse, including simple packaging, but excluding freight, customs, insurance, installation, other charges and applicable sales tax on the delivery, these items are disclosed separately in the invoice.

§ 4 Delivery, Passing of Risk

Delivery is from factory or warehouse for the account and risk of the customer, even when agreed upon delivery or freight transport with own means of transport company. Unless otherwise agreed in writing, is responsible for the choice of the means of the company. The risk shall pass upon delivery of goods to the shipper or carrier, loading their own vehicles for the purposes of transport to the customer.

§ 5 Returns

Policy for PV and solar thermal systems Returned goods, ie the restitution ordered and delivered goods is only permitted in exceptional cases and only when this is agreed in writing with the company.

§ 6 Delivery

1. If passed a written, agreed delivery date, then derKunde entitled to set a reasonable grace period. Device, the company for reasons that have represented them, in default, the customer claims for damages only if the cause of the delay based on willful misconduct or gross negligence. 2. If it comes to supply or delay in performance due to force majeure or any events that the delivery more difficult or impossible, such as occurred later difficulties in procuring goods, equipment failure, strikes, lock-outs, staff shortages, defects or lack of transportation, administrative orders, etc., even though they may come from suppliers or their subcontractors, delivery or performance for the duration of the disability will be postponed plus a reasonable start time.

§ 7 Conditions of payment

1. Unless otherwise agreed, all payments immediately upon the invoice date without deductions. The Company reserves the right to deliver only against prepayment or cash abroad against irrevocable letter of credit or full payment in advance. 2. Notwithstanding any contrary provision service by the customer payments against older debts, initially at the expense, interest and finally to the principal claim. 3. The customer can only assert a right or claim of the counterparty if the counterclaim is legally established, undisputed or acknowledged in writing is. 4. If the customer defaults on payment, are - without prejudice to any further claim - interest at the rate of 8% above the discount rate of the European Central Bank (ECB) to be paid. A non-commercial business has to pay interest at the rate of 5% over the aforementioned sentence. 5. In case of default of the counterparty or customer, exchange, or other protests begrûndeten doubts about his ability to pay, all outstanding invoices for immediate payment. 6. Bills and checks are not considered paid in lieu of payment. There are ûbernommen exchange, checks and securities subject to all rights and without warranty CHOSE timely presentation. Discount and ancillary charges shall be borne by the customer.

§ 8 Reservation of ownership, performance obligations

1. Until all of the business relationship with the customers existing claims ownership of title applies to all goods delivered. The customer keeps the goods delivered under reservation charge for the company. He promises to keep the product separately to inform at the request of the depository. He is committed to continue to keep it available to the depository or the product for the company or their agents to zuerlauben entering the storage place and allow the removal of the goods. 2. The customer may sell the conditional goods in the ordinary course of business, unless he is in default. Pledges or security is illegal. From resale or another legal basis of claims arising from business partners already now assigns as security to the company. But he is irrevocably authorized to collect the debts in his name. If circumstances or circumstances become known that an increased risk of claims against the customer justify the client must disclose at the request of the assignment and give the company the necessary information and documents. For third-party access point to the conditional goods, the customer on the retention of title and notify the company immediately. Possibly. Costs and losses borne by the customer. At behavior of customers, especially payments, the company can take back the retained goods to the customer's expense or to demand assignment of the claim by the customer against third parties. In the withdrawal as well as the seizure of the goods by the company - if not find the Consumer Credit Act applies - no cancellation of the contract. 3. If the goods supplied by the customer or the resulting products obtained, in which the property is sold subject to, the client or on a factory-installed or a service contract with a third party or processed, the claim of the people in his party, possibly at the level of co-ownership of company in the sold or used goods to more than the amount of the purchase price of the company claims against the customer to the company. To this extent, the customer already now assigns the claims from the company. 4. If after the expiry of the ggfls. effective retirement date beyond the contract of sale will be terminated unilaterally and without any fault of the company by the customer or the performance of the contract aud reasons for which the customer is responsible, not be possible to make the company a lump sum claim for damages amounting to 20% of the gross product value, plus on the above Interest, claim.

§ 9 Warranty claims, liability, and comply with duty

1. For customers who are not subject to § § 377 ff HGB him, he is a consumer, he is obliged, within four weeks after delivery of the (sub-) performance, examine them and to investigate possible breaches of contract and for defects . Complaints relating to errors and defects must be made in writing within that period submit to the company. After this period, the performance shall be deemed accepted. Defects that can not be detected by a thorough examination within this period must be reported immediately after discovery within the warranty period. 2. In the event that the complaint is justified and timely, the claim shall be limited to subsequent performance, while providing the company's choice to replace the defective good, or can remedy the defect at the site or in the supplying plant. If subsequent performance fails twice, the customer can demand a reduction. Requirement for these claims is that a defect existed at the time of transfer and this claim within the limitation period gemachtwird. The commercial customer has to prove that existed at the time of transfer a material defect, the non-commercial customer has to keep this evidence only after the first 6 months. 3. This defect does not exist if, without the express consent of repairs, alterations or refurbishing to the goods supplied by the customer or a third party to be made will be complicated repair work by the customer or third parties who will start against the instruction of the Company or a defect is caused by incorrect or negligent treatment, or lead back to normal wear and tear. 4. In the commercial customers of all material defects shall lapse within 24 months after delivery of the goods. When a customer, the consumer is within the meaning of § 13 BGB applies to used items, a 12-month warranty period, new cases a period of 36 months from delivery of goods. This does not apply unless the law prescribes longer periods (right of recourse, cases of injury to life, limb or health, whether intentionally or through gross negligence and fraudulent concealment of a defect). The legal provisions regarding suspension of expiration, suspension and recommencement of limitation periods remain unaffected. 5. Claims - on whatever legal grounds - are excluded. This is particularly true for every kind of damage. The exclusion of COMPENSATION FOR DAMAGE does not apply if intent or gross negligence can be legally available or liability for injury to life, limb or health needs. COMPENSATION FOR DAMAGE possible for matters of essential contractual duties is limited to typical contractual foreseeable damage, however, been allowed to the amount of each capital stock is not exceeded, unless caused by intent or gross negligence or liability for injury to life, limb or health. Also, such claims shall be barred after 12 months, unless the customer is a consumer. This does not apply to claims under product liability law and treaties, where the VOB Part B is generally included.

§ 10 Place of performance, applicable law, jurisdiction, severability clause

1. Payment and performance, to the extent permitted by law, Boos, jurisdiction is Mayen / Eifel. 2. It is the law of the Federal Republic of Germany. 3. Should one or more provisions of these terms and conditions or any provision be invalid in any other agreement, or become, then the validity of all other provisions or agreements. Then we have rather the current statutory scheme for the effective provision.

§ 11 Invalidity of previous conditions

Through these business conditions, all previous terms and conditions of the company are invalid.