for the provision of services by SUN-MASTER GmbH, SUN-MASTER GmbH, Wolfradshof 17, 17390 Schmatzin, e-mail: info@sun-master.de (hereinafter referred to as “Contractor”) to its customers (hereinafter referred to as “Client”)
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor with the inclusion of these GTC.
1.2 The Contractor is entitled, in its own name and for its own account, to award the required services to subcontractors, who in turn may also employ subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is apparent to the Contractor that their use is contrary to the legitimate interests of the Client.
1.3 If, in addition to these GTC, further contractual documents or other terms and conditions have become part of the contract in text or written form, the provisions of these further contractual documents shall take precedence over these GTC in the event of a conflict.
1.4 General terms and conditions deviating from these terms and conditions, which are used by the Client, are not recognised by the Contractor – subject to express consent.
2.1 The Contractor, as an independent contractor, provides the following services to the Client:
We manufacture battery storage systems, multi-storage hubs and solar carports for solar and photovoltaic systems. We provide the necessary accessories and carry out all related activities. These include in particular consulting, planning and installation. We also ensure the availability of spare parts.
2.2 The specific scope of services is the subject of individual agreements between the Contractor and the Client.
2.3 The Contractor shall perform the contractually agreed services with the greatest possible care and diligence in accordance with the latest state of the art, latest rules and findings.
2.4 The Contractor is obliged to provide the contractually owed services. However, when carrying out its activities, it is not subject to any instructions with regard to the type of provision of its services, the place of performance or the time of performance. However, when scheduling the working days and the time on these days, it will determine these itself in such a way that optimum efficiency is achieved in its activities and in the realisation of the subject matter of the contract. The services are provided by the Contractor solely in consultation and coordination with the Client.
It is the Client’s responsibility to provide the information, data and other content to be provided by it for the purpose of fulfilling the service completely and correctly. The Contractor is in no way responsible to the Client for delays in the provision of services caused by late and necessary cooperation or contributions from the Client; the provisions under the heading “Liability/Indemnification” remain unaffected.
4.1 The remuneration shall be agreed individually by contract.
4.2 The remuneration is to be paid after the services have been rendered. If the remuneration is measured according to time periods, it is to be paid after the expiry of the individual time periods (§ 614 BGB). In the case of cost-related invoicing, the Contractor is entitled, subject to deviating agreements, to invoice the services provided on a monthly basis.
4.3 The Contractor shall send the Client an invoice by post or e-mail (e.g. as a PDF) after the services have been rendered. The remuneration is due for payment within 14 days of receipt of the invoice.
5.1 The Contractor shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise stipulated in this regard, or on the basis of mandatory liability. If the Contractor negligently breaches a material contractual obligation, the liability shall be limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the preceding sentence. Material contractual obligations are obligations which the contract imposes on the Contractor according to its content to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Client may regularly rely. In all other respects, the Contractor’s liability is excluded. The above liability provisions shall also apply with regard to the liability of the Contractor for its vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against any claims by third parties asserted against the Contractor as a result of breaches by the Client against these contractual conditions or against applicable law.
6.1 The parties shall individually agree on the term of the contract and the periods for ordinary termination.
6.2 The right of both parties to terminate the contract without notice for good cause remains unaffected.
6.3 The Contractor shall return or destroy all documents and other content provided to it immediately after termination of the contract at the Client’s discretion. The assertion of a right of retention to this is excluded. Electronic data must be completely deleted. Excluded from this are documents and data with regard to which there is a longer statutory retention obligation, but only until the end of the respective retention period. The Contractor shall confirm the deletion to the company in writing at its request.
7.1 The Contractor shall treat all processes that come to its knowledge in connection with the order as strictly confidential. The Contractor undertakes to impose the obligation of secrecy on all employees and / or third parties who have access to the information that is the subject of the contract. The obligation of secrecy shall apply for an unlimited period of time beyond the term of this contract.
7.2 The Contractor undertakes to comply with all data protection regulations – in particular the provisions of the General Data Protection Regulation and the Federal Data Protection Act – when carrying out the order.
8.1 The law of the Federal Republic of Germany shall apply to the exclusion of the CISG.
8.2 Should a provision of these GTC be or become invalid, this shall not affect the validity of the remaining GTC.
8.3 The Client shall promote the Contractor in the provision of its contractual services through reasonable acts of cooperation, insofar as this is necessary. In particular, the Client shall provide the Contractor with the information and data required to fulfil the order.
8.4 If the Client is a merchant, a legal entity under public law or a special fund under public law or does not have a general place of jurisdiction in Germany, the parties agree that the registered office of the Contractor shall be the place of jurisdiction for all disputes arising from this contractual relationship; exclusive places of jurisdiction shall remain unaffected.
8.5 The Contractor is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legislation, market conditions or business or corporate strategy) and with a reasonable period of notice. Existing customers will be notified of this by e-mail no later than two weeks before the amendment comes into force. If the existing customer does not object within the period set in the notification of amendment, his consent to the amendment shall be deemed to have been granted. If he objects, the amendments shall not come into force; in this case, the Contractor is entitled to terminate the contract extraordinarily at the time the amendment comes into force. The notification of the intended amendment to these GTC will refer to the deadline and the consequences of the objection or its absence.
The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.
Please refer to the heading of these GTC for our e-mail address.
