AGB
General terms and conditions of business, delivery and payment for maXimus heat pumps, solar collectors, heating fences and accessories (as of January 2, 2024)
§1 Validity of the conditions
These general terms and conditions apply to all future contractual relationships, even if they are not expressly agreed again. Conditions of the client that conflict with or deviate from the contractor’s general terms and conditions will not be recognized unless the contractor has expressly agreed to their validity in writing. The contractor’s general terms and conditions also apply if the contractor begins his work without reservation in the knowledge of conditions of the client that conflict with or deviate from his general terms and conditions. All agreements made between the contractor and the client must be recorded in writing.
§2 Contractor
As a manufacturer of heat pumps, solar collectors, heating fences and accessories, the contractor offers nationwide delivery within Germany of so-called self-assembly kits for self-installation by the client or third parties commissioned by them.
§3 Offer and conclusion of contract
The offer is based on the contractor’s offers in its online shop at the domain www.heizungsinnovator.de. The purchase contract is concluded when the client makes an electronic purchase in the above-mentioned online shop. All orders, declarations of acceptance and other agreements require written or telex confirmation from the contractor to be legally effective. Drawings, illustrations, dimensions, weights or other performance data are only binding for the contractor if this is expressly agreed in writing (e.g. in online offers).
§4 Reservation agreement
If agreed, the purchase contract (only applies to heat pumps) is subject to the application for state funding at federal level (e.g. KfW program 458), with the proviso that this only comes into force with regard to the delivery and performance obligations for implementation if and to the extent that KfW has approved the application for funding and has promised the funding with a commitment to the applying contracting party (suspensive condition). The applying contracting party will immediately inform the other contracting party of the occurrence and extent of the occurrence of the condition. The funding application is submitted by the client or on their behalf by a commissioned third party for the client and on behalf of the client. In its own interest, the client is nevertheless obliged to take all necessary steps to remove the reservation, in particular to countersign the relevant applications and forward them to KfW and to answer queries from the aforementioned authority promptly and appropriately in writing. The client must send the contractor a funding commitment from KfW immediately. It must also inform the contractor if it has not received such a decision within four weeks of the application being submitted. If the client does not send the contractor a negative decision from KfW within four weeks of the application being submitted or informs the contractor in writing within this period that it has not received a funding commitment from KfW, the reservation is deemed to have been waived and the contract is deemed to have been concluded without reservation with regard to this reservation.
§5 Prices
The contractor’s prices are – unless otherwise agreed – gross and include the applicable statutory value added tax, which is shown separately on the invoices. All prices are – unless otherwise agreed – fixed prices including packaging and delivery within the Federal Republic of Germany (except islands).
§6 Obligations of the contracting parties
When the contract is concluded, the client undertakes to pay the agreed total price for the purchased product to the contractor in accordance with the payment terms (§11) and to comply with his other obligations (in particular from §§ 4, 14). The contractor may also use third parties to fulfill his contractual obligations (e.g. for packaging, delivery, etc.).
§7 Delivery and service time
The contractor will inform the client separately of the delivery time – which is usually 6 – 8 weeks from receipt of the contractually agreed purchase price deposit. This notification will be made promptly after the agreed purchase price deposit of 30% of the total price has been received in full. Compliance with the contractor’s delivery obligation also requires the timely and proper fulfillment of the client’s obligation in accordance with §6 (Obligations of the contracting parties).
§8 Continuation
Delivery will be made to the delivery location agreed in the order. The client will be notified by the contractor as soon as delivery can be made. If delivery is delayed in whole or in part due to circumstances for which the contractor is not responsible, in particular, for example, due to force majeure events such as traffic disruptions, strikes, fire, water damage, power outages, material shortages or other unavoidable events – even if they occur at the contractor’s suppliers or their subcontractors – the contractor is entitled to extend the delivery period by the duration of the disruption plus a reasonable start-up time, even if binding deadlines and dates have been agreed. If the disruption lasts longer than six months, the client is entitled to withdraw from the contract with regard to the part not yet fulfilled after setting a reasonable grace period. If the delivery time is extended or the contractor is released from his obligation, the client cannot derive any claims for damages from this. The contractor is entitled to make partial deliveries as long as this is reasonable for the client.
§9 Transfer of Risk
The risk of loss or damage to items and materials that are to be delivered to the client, in particular the heat pump, solar collectors, heating fence and accessories, passes to the client – unless otherwise agreed – as soon as they are handed over to the client or brought into their sphere of influence (e.g. property). However, the client bears the risk even before receipt/bringing into their sphere of influence if they have delayed delivery.
§10 Warranty
If the client is an entrepreneur (§§14 BGB), the warranty period – unless otherwise agreed – for material and legal defects is 6 months and begins with the acceptance of the work. The work is deemed to have been accepted if the client does not object within three days after the contractor has accepted the system. If the client is a consumer (§13 BGB), warranty claims expire 24 months after acceptance. If the client asserts claims for defects, he is obliged to provide the contractor with all information and verifiable documents that are necessary to determine the defect. If the defect cannot be determined during an inspection by the contractor, the client shall bear the costs of the inspection. In the event of a defect, the client is entitled, at his discretion, to first attempt to repair the defect three times or to replace the defective item. If the subsequent performance fails, the client’s other legal rights remain unaffected after setting a deadline. The deadline must be set in writing; the deadline must be at least four weeks.
§11 Retention of title
The contractor retains ownership of all items delivered to the client under the contract until all payments from the contractual relationship with the client have been received. If the client breaches the contract, in particular if payment is delayed, the contractor is entitled to demand the return of all items delivered to the client. If third parties access items delivered by the contractor, in particular if they are seized, the client will point out that the items are the property of the contractor and notify the contractor immediately so that the contractor can enforce its property rights. If the third party is unable to reimburse the contractor for the legal or extrajudicial costs incurred in this connection, the client is liable for this.
§12 Payment
The purchase price is due for payment as follows: 30% down payment after unconditional order confirmation; 70% after delivery. All invoice amounts are due for payment immediately and without deductions – unless otherwise noted in writing by the contractor. If the client defaults on payment, the contractor is entitled to demand interest of 5% above the basic interest rate of the Deutsche Bundesbank (§247 BGB) from the relevant point in time. The contractor is free to assert further claims for damages. The client is only entitled to set-off rights if his counterclaims have been legally established.
§13 Reimbursement of Costs
The client was expressly informed by the contractor that allocated and thus blocked funding that is not called up within the respective deadlines can lead to social damage and cause unnecessary costs for the contractor. Therefore, if the client does not call up allocated funding within the respective deadline, he is obliged to pay the contractor a lump sum of EUR 1,000 to compensate for the expenses incurred by the contractor, such as processing costs, any costs incurred for energy consultants, heating load calculations, etc. If the order is cancelled before execution at the request of the client or the delivery is prevented by the client or the delivery is not accepted, the client is obliged to pay the contractor a lump sum of 25% of the purchase price to compensate for the expenses incurred by these, such as costs for ordering materials, transport, storage, etc. The client is entitled to prove that no damage was incurred at all or that it is significantly less than the lump sum. The contractor is also entitled to prove that greater damage was incurred and to take this into account. The same applies if the Client acts in breach of contract, in particular but not exclusively if the Client fails to fulfil his obligations under Section 14 or – if agreed – under Section 4 and the Contractor withdraws from the contract for this reason.
§14 Limitation of Liability
The contractor is liable for damages that have not occurred to the work itself, regardless of the legal reasons, only in the event of – intentional or grossly negligent, but not negligent, breach of duty by himself, his legal representatives or his vicarious agents; in the event of injury to life, body or health, also in the event of negligent breach of duty; – the existence of defects that the contractor has fraudulently concealed; the assumption of a guarantee for the quality of the contractual object (also in the sense of a guaranteed absence of a defect); – the breach of essential contractual obligations in the event of negligence, the compensation of the client, who is not a consumer within the meaning of Section 13 of the German Civil Code, is limited to the foreseeable damage typical for the contract, unless liability is incurred due to injury to life, body or health; – liability under the Product Liability Act or Section 823 of the German Civil Code.
§15 Services to be provided by the construction company
Client or third parties commissioned by the client The self-installation of the items supplied by the contractor. The creation of the necessary electrical connection – and if necessary – the renewal of the meter cabinet in accordance with the current legal regulations and the registration of the installed systems with the local electricity network operator including the necessary meter replacement. In the case of items supplied that require a foundation outdoors, the creation of the necessary foundation.
§16 Assignment, Applicable Law, Place of Jurisdiction
The contractor is entitled to assign its claims from deliveries and services. These terms and conditions of business, delivery and payment and all legal relationships between the contractor and the client are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the client is an entrepreneur (§§ 14 BGB) or has no residence in Germany, if he moves his residence or usual place of residence outside the scope of the BGB after conclusion of the contract, or if his residence or usual place of residence is not known at the time the action is brought, the contractor’s registered office is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
§17 Miscellaneous
Changes and additions to this contract must be made in writing to be effective. This also applies to changes to the written form clause. Should a provision in these terms and conditions or a provision within the framework of other agreements be or become invalid, this will not affect the validity of all other provisions or agreements.
§18 Right of Withdrawal
If the client is a consumer AND the contract is a so-called door-to-door sale or a distance sale (e.g. purchase in the contractor’s online shop), he can cancel this contract without giving reasons. For details, please refer to the separate cancellation policy.
Contractor:
HybriStar Deutschland GmbH
Kirchstraße 23
03172 Guben