General terms and conditions

1. Scope

1.1 These General Terms and Conditions (“GTC”) apply to all contracts between DIE ENERGIEWERKER – a brand of lean buy e2e GmbH (referred to as “DIE ENERGIEWERKER”) and consumers within the meaning of § 13 of the German Civil Code (hereinafter referred to as “final customers”), as well as companies (hereinafter referred to as “trade customers”), concerning the delivery, installation, and commissioning of energy systems, as well as other specified deliveries and services. Both final customers and trade customers are collectively referred to as “customers”.

1.2 “Final customers” in the aforementioned sense are natural persons who enter into a contract for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity.

1.3 “Trade customers” are natural or legal persons or legal partnerships that act in the course of their commercial or self-employed professional activity when concluding a legal transaction, pursuant to § 14 of the German Civil Code.

1.4 Any General Terms and Conditions provided by a trade customer that contradict or deviate from these GTCs shall not apply, especially if DIE ENERGIEWERKER accept a trade customer’s order without expressly objecting to the applicability of such conditions. Such conditions shall only apply if DIE ENERGIEWERKER explicitly agree to them.

1.5 The German-language version of the General Terms and Conditions (GTC) takes precedence and supersedes all other language versions in case of doubt. If there are discrepancies or contradictions between the German version and other translations, the German version shall prevail.

2. Conclusion of Contract

2.1 Unless otherwise specified, offers made by DIE ENERGIEWERKER are non-binding and subject to change. Such offers merely serve to enable customers to place a binding order based on the content of the non-binding offer.

2.2 Orders placed by customers, unless otherwise specified, constitute binding offers to conclude a contract with DIE ENERGIEWERKER. DIE ENERGIEWERKER may accept such contract offers from customers within three weeks from the date of the final customer’s offer, unless the contract offer from the customer indicates otherwise.

2.3 A contract is formed when one party accepts a binding offer from the other party within the acceptance period. An accepted offer is subsequently referred to as a “Contract.” If a party accepts the other party’s offer after the acceptance period has expired or under conditions different from those stated in the offer, the contract is concluded when the other party accepts the delayed and/or deviating acceptance.

3. Delivery, Installation, and Commissioning of Energy Systems

3.1 DIE ENERGIEWERKER supply components for the construction of individually configurable building energy systems, as specified in the concluded contract and the agreed-upon product and performance description. These components typically include solar panels, inverters, energy storage systems, cabling, heat pumps, combined heat and power units, hot water storage tanks, electric vehicle charging stations (commonly known as “Wallboxes”) and emergency power systems. Additionally, DIE ENERGIEWERKER provide the necessary substructures, supply lines, and installation materials for professional construction and commissioning. The delivery, installation, assembly, and commissioning of these components are grouped into functional modules which reflect a self-contained functional part of the project. Each module is individually accepted by the customer and remunerated accordingly.

3.2 Pursuant to the concluded contract and the agreed-upon product and performance description, DIE ENERGIEWERKER is also responsible for the assembly, installation, and commissioning of the building energy system, including the delivered components, within the specified building. DIE ENERGIEWERKER has the right to demand acceptance or partial acceptance for each module of the energy building system. Upon completion of a module, the customer is obligated to pay the agreed-upon compensation for that specific module, regardless of any additional services provided by DIE ENERGIEWERKER.

3.3 Contracts related to the delivery, installation, and commissioning of a building energy system, along with the agreed-upon components, are considered work contracts due to the predominant significance of planning, assembly, and installation services relative to the delivery of components and equipment. The mere acquisition of individual components, excluding planning, assembly, and commissioning services, is understood as a purchase contract for the delivery of goods.

4. Energy Management Software

4.1 DIE ENERGIEWERKER provide, if agreed upon, an individually tailored digital control software in addition to the installation and commissioning of a building energy system. The provision of the respective digital control software is based on a legally separate contract (even if listed in a joint offer or contract document with the building energy system) and is subject to separate General Terms and Conditions applicable to contracts between DIE ENERGIEWERKER and the customer regarding the provision of energy management software. All necessary usage and license agreements for the software are concluded bilaterally between the customer and the chosen software manufacturer, without contractual involvement of DIE ENERGIEWERKER.

5. Other Services and Scope of Services

5.1 Support for Registration with Network Operators and the Federal Network Agency (Bundesnetzagentur): Upon the customer’s request and based on the relevant powers of attorney issued by the customer, DIE ENERGIEWERKER register the components of the building energy system subject to registration requirements with the local network operators responsible for the agreed-upon building and, if necessary, with the Federal Network Agency for entry into the master data register. The Customer incurs no additional costs as a result. The customer will provide DIE ENERGIEWERKER with complete and truthful information. It is noted that the installation and commissioning of the building energy system, depending on the component usage, can only take place after a successful grid compatibility test and approval by the network operator. Even with proper registration, DIE ENERGIEWERKER has no influence over the outcome of the examination or the timing of the issuance or rejection of an approval, and cannot be held responsible for the consequences of any resulting delays or lack of approval. The customer is responsible for any necessary notifications or registrations of the building energy system with the tax office.

5.2 Unless otherwise agreed, the scope of services owed by DIE ENERGIEWERKER does not include:

  • Structural analysis of building components and their suitability for installing any components of the building energy system.
  • Any earthworks related to the installation.
  • Verification and, if necessary, adjustment, expansion, or renewal of existing house access points for electrical, communication, water, wastewater, and gas supply.
  • Electrical testing related to components or facilities other than those newly installed by DIE ENERGIEWERKER.
  • Legal (including approval-related and regulatory) and tax-related advice, as well as advice on public funding for building energy systems, their components, or insurance.

DIE ENERGIEWERKER’s obligation to inform the Customer about any recognizable deficiencies in this regard and to provide clarification remains unaffected.

5.3 The replacement of metering devices (e.g. electricity, gas, or water meters) that may be necessary before the installation of the building energy system is typically carried out by the local network operator and is also not part of DIE ENERGIEWERKER’s services. Upon the customer’s request, DIE ENERGIEWERKER or a third party commissioned by them will be present or assist in the installation of new metering devices if requested by the network operator. The Customer is liable for the agreed compensation. If the network operator requests the presence or assistance of DIE ENERGIEWERKER or the third party, DIE ENERGIEWERKER will comply with the customer’s request, and the customer is liable for the agreed compensation. It is noted that the building energy system can only be fully operational after any necessary replacement of metering devices, whereas DIE ENERGIEWERKER has no influence over the timely replacement of any necessary metering devices by the network operator, nor can they be held responsible for any resulting delays.

5.4 As part of their order, the customer provides DIE ENERGIEWERKER with a self-disclosure form regarding their personal and financial circumstances. This information is used for the agreed compensation. The customer is free to obtain financing approval from a bank of their choice. If the customer receives a financing rejection or if DIE ENERGIEWERKER does not receive a written financing approval within 30 days of the order date, DIE ENERGIEWERKER are free to obtain a non-binding financing approval from a bank selected by them based on the self-disclosure. The customer consents to the transfer of the data mentioned in the self-disclosure to the bank. The financing offer from the bank is non-binding, and its submission and terms are at the discretion of the bank.

5.5 Any forecasts provided or transmitted by DIE ENERGIEWERKER regarding the expected yield, degree of self-sufficiency, or economic viability of the building energy system are based on mathematical model calculations. These estimates are purely indicative and rely on the stated nominal capacity of the manufacturer. The information contained therein may vary due to fluctuations in relevant factors such as weather, shading, user behavior, and legal framework conditions, either falling below or exceeding the actual values.

6. Changes in Services

6.1 DIE ENERGIEWERKER reserve the right to modify or deviate from the services owed, provided that:

  • Legal reasons (e.g. statutory or regulatory requirements),
  • Technical reasons (e.g. due to construction or connection-related circumstances), or
  • Other compelling reasons unforeseeable at the time of contract conclusion and beyond the control of DIE ENERGIEWERKER (e.g. special requests from the Customer, untimely availability of agreed-upon delivery items) necessitate such changes or deviations.
  • The change or deviation is reasonable for the customer.

6.2 In particular, DIE ENERGIEWERKER may provide equivalent substitute products instead of the agreed-upon brands unless a certain product or brand is specifically agree-upon in the contract.

7. Installation Preconditions and Customer’s Obligations

7.1 The installation and assembly of energy system components require the suitability of the building and its facilities on the part of the customer. This includes, in particular:

  • Adequate static load-bearing capacity and suitability for mounting the relevant components.
  • Sufficient replacement building cladding elements (e.g. replacement tiles, facade panels, or tiles) to restore the building envelope to its original condition after completion of construction work.
  • Electrical installations within the building, including a suitable house electrical system according to the state of the art, especially DIN VDE 0100, along with the house connection box and any other necessary house connections and metering devices.
  • Approval from the local network operator.

7.2 As part of their cooperation, the customer is responsible for timely and independent creation, including any necessary modifications to existing facilities, and for determining the aforementioned installation prerequisites at their own cost. This includes, at their discretion, engaging specialized personnel such as structural engineers, electricians, plumbing and heating engineers, or the network operator. The customer will provide DIE ENERGIEWERKER with complete and accurate information regarding any relevant circumstances for service provision, including potential obstacles. DIE ENERGIEWERKER will assist the customer in this regards by providing information upon request about the necessary details and data related to the relevant components of the intended building energy system, to the extent that this information is not already provided in the product and performance description, the contract, or other documents provided to the customer. DIE ENERGIEWERKER’s obligation to inform the customer about any recognizable deficiencies regarding the installation prerequisites and to provide clarification remains unaffected.

7.3 The Customer will grant DIE ENERGIEWERKER or third parties commissioned by DIE ENERGIEWERKER unrestricted access to the building and the necessary technical facilities for the purpose of installing and assembling the building energy system and its components, in accordance with the contractually agreed-upon, otherwise arranged, or reasonably offered dates.

7.4 Handling of Delivered Items and Safety Measures
The customer shall handle items and tools delivered to them with at least the same care they would apply in their own affairs. They shall take reasonable precautions against damage, loss, and theft. Furthermore, the customer shall take reasonable measures to protect individuals working on behalf of DIE ENERGIEWERKER 
from injuries and accidents.

8. Connection of the Building Energy System to Building Networks

8.1 The customer is aware, and they have been thoroughly informed by DIE ENERGIEWERKER, that depending on the project design, the integration and utilization of energy system components require connections to existing three-phase circuits, alternating current circuits, and building piping systems (water supply and drainage, refrigerant lines, as well as gas supply networks). The customer is advised these connections must be carried out exclusively by certified specialists (electricians or HVAC contractors) only.

8.2 Upon the customer’s request, DIE ENERGIEWERKER can independently perform the necessary connection work to the building network or engage qualified specialized companies to do so.

8.3 If the customer chooses to have DIE ENERGIEWERKER handle the connection of the components to the relevant building networks, this constitutes an additional work service provided by DIE ENERGIEWERKER. It is separate from the delivery, installation, and commissioning of the building energy system and must, unless agreed differently in the contract, be accepted and remunerated independently.

8.4 In the event that the connection to the relevant building networks is not provided, not provided in a timely manner, or not properly executed, this will not affect the compensation owed for the delivery, installation, and commissioning of the building energy system. Specifically, if the connections to the relevant building networks are not timely or properly executed, the customer does not have the right to refuse acceptance, withdraw from the contract, or reduce the contractually owed compensation for the delivery, installation, and commissioning of the building energy system. In such cases, the rights of the customer are exclusively limited to legal and contractual claims arising from non-performance or inadequate performance of the building energy system according to the concluded work contract.

9. Delivery and Performance Deadlines

9.1 Contractually agreed-upon delivery and performance deadlines or dates are approximate unless expressly specified as binding exact deadlines or dates in the contract. They become binding when DIE ENERGIEWERKER confirm them by sending the order confirmation and thereby concluding the contract.

9.2 Any agreed-upon delivery and performance deadlines commence upon contract conclusion but not before the prerequisites for installation are met, and the customer has provided necessary cooperation and, if applicable, made any due payments. In the case of agreed-upon delivery and performance dates, DIE ENERGIEWERKER is obligated to deliver and perform only after the prerequisites for installation have been met, necessary cooperation has been provided, and any due payments have been made by the customer .

9.3 Delivery and performance times are extended by the period during which the customer fails to fulfill their obligation or duty to cooperate properly, plus a reasonable lead time after cooperation has been provided.

10. Delivery, Transfer of Risk, Partial Deliveries, and Performance

10.1 DIE ENERGIEWERKER deliver the components of the building energy system before the agreed-upon installation and will notify the customer of the delivery date with reasonable notice.

10.2 In the case of delivery of components or the entire building energy system, as well as other work or deliveries under work contracts, the risk passes to the customer upon (partial) acceptance of the respective performance. From that point on, the customer bears the risk of deterioration and accidental loss of the building energy system components and the respective performance. This also applies if subsequent services or the delivery of additional components have been commissioned, and the fulfillment of these services or deliveries is still pending at the time of partial or full acceptance of the already provided performance.

10.3 DIE ENERGIEWERKER are entitled to partial deliveries and/or partial performance, provided that the interests of the customer are not significantly impaired thereby.

11. Force Majeure

11.1 If DIE ENERGIEWERKER are prevented from timely delivery or performance due to force majeure beyond their control, any delivery or performance deadlines are extended by the duration of the disruption, plus a reasonable lead time after the disruption ends. This also applies if circumstances of a similar nature occur with a representative, supplier, or service provider of DIE ENERGIEWERKER.

11.2 If a force majeure-related disruption lasts for more than four months, DIE ENERGIEWERKER and the customer are entitled to withdraw from the contract. Upon request, each party will declare within a reasonable period whether they will withdraw. The consequences of a withdrawal declared by DIE ENERGIEWERKER or the customer are governed by legal provisions.

11.3 The term “force majeure” includes, in particular, wars, civil wars, terrorist acts, sabotage, trade restrictions, embargoes, pandemics, epidemics, natural disasters, explosions, fires, earthquakes, prolonged transport failures, failures of telecommunications and information systems or energy supply, boycotts, strikes, inadequate supply of raw materials necessary for product manufacturing, construction and delivery parts, or labor, as well as other similar circumstances beyond the control of DIE ENERGIEWERKER or a representative, supplier, or service provider affected by them.

12. Reservation of Withdrawal

12.1 DIE ENERGIEWERKER reserve the right to withdraw from the contract if, due to reasons beyond their control and not known to them at the time of contract conclusion or negligently unknown, and continuing beyond a reasonable period set for the customer, such as:

  • Legal reasons (e.g. due to a rejected or untimely granted necessary approval),
  • Technical reasons (e.g. due to insufficient load-bearing capacity of the building element or violation of technical installation prerequisites, especially suitability of house networks, involving more than just minor cooperation obligations on the part of the customer),
  • other similarly compelling reasons arise that make the contractual fulfillment unreasonably difficult or delayed for DIE ENERGIEWERKER.

12.2 If the aforementioned withdrawal conditions apply only to individual deliveries or services or, in the case of divisible deliveries or services, only to parts thereof, DIE ENERGIEWERKER may partially terminate the contract with respect to the affected deliveries or services or parts thereof, unless it is unreasonable for the customer to continue with the contract in other respects.

12.3 Other statutory rights of DIE ENERGIEWERKER remain unaffected.

13. Offset and Retention

13.1 DIE ENERGIEWERKER have the statutory rights of offset and retention. Hence being in particular entitled to retain their deliveries or services as long as the customer fails to fulfill their obligations towards them arising from the underlying contract.

13.2 Subject to the following sentence, the customer may offset only with undisputed or legally established claims. This limitation on the right of offset does not apply to counterclaims of the customer arising from the same contract as the ENERGIEWERKER’s claim, and which are in a reciprocal relationship with it.

13.3 DIE ENERGIEWERKER have an extended lien on the repair or assembly object that has come into their possession due to the contract. This lien can also be asserted for claims arising from previously performed work, spare parts deliveries, and other services, insofar as they are related to the subject matter of the contract. For other claims arising from the business relationship, the lien applies only to the extent that these claims are undisputed or legally established.

14. Acceptance and Partial Acceptance

14.1 The customer is required to accept the building energy system after installation, assembly, and commissioning in accordance with the following provisions.

14.2 The prerequisites, types, procedures, and consequences of acceptance are governed by legal provisions. The same applies to partial acceptances.

14.3 DIE ENERGIEWERKER may request the Customer to separately accept completed and independently functional modules of the performance (e.g. heat pump) as a partial acceptance. After partial acceptance, DIE ENERGIEWERKER are entitled to invoice the portion of the compensation corresponding to the accepted performance.

14.4 DIE ENERGIEWERKER will inform the customer about the readiness for partial acceptance or acceptance of the provided services. DIE ENERGIEWERKER or a third party appointed by them will participate in scheduled on-site partial acceptance and acceptance dates and assist the customer. Reasonable dates for partial acceptance or acceptance will be offered as necessary. DIE ENERGIEWERKER are entitled to set a reasonable deadline for partial acceptance or acceptance of services after completion.

14.5 Individually purchased goods, such as devices delivered without installation or with only minor installation services, are not subject to acceptance.

15. Compensation

15.1 Unless otherwise agreed in the contract or these terms and conditions, DIE ENERGIEWERKER’s services are to be compensated at the prices agreed upon in the contract or, in the case of time-based services, at the agreed rates.

15.2 All prices are gross prices, including legally applicable value-added tax in euros.

16. Payment Terms

16.1 Unless otherwise agreed in the contract, the customer may make payments by transferring funds to an account specified by DIE ENERGIEWERKER or by using other agreed-upon payment methods.

16.2 Unless otherwise agreed, payment is due no later than 14 days after receipt of the invoice.

16.3 Unless otherwise agreed, DIE ENERGIEWERKER are entitled to separately invoice the deliveries and services accepted through partial acceptance. The remaining deliveries and services subject to acceptance will be invoiced after acceptance.

16.4 DIE ENERGIEWERKER’s right to demand partial payments in accordance with legal provisions (§ 632a BGB) remains unaffected.

16.5 DIE ENERGIEWERKER are entitled to issue invoices in electronic form, particularly via email.

16.6 If the customer is in default with payments, DIE ENERGIEWERKER may demand default interest at the agreed rate or, otherwise, at the statutory rate. DIE ENERGIEWERKER’s right to assert further damages and other legal rights in accordance with legal provisions remains unaffected.

17. Reservation of Self-Supply

17.1 If DIE ENERGIEWERKER are unable to deliver goods or services under this contract due to reasons beyond their control, such as non-delivery, delayed delivery, or faulty performance by a representative, supplier, or service provider, even though die ENERGIEWERKER had entered into a congruent contract with the representative, supplier, or service provider for the supply of the corresponding goods or services before contract conclusion with the customer ,DIE ENERGIEWERKER are entitled to terminate the contract with the customer by declaration. In this case, DIE ENERGIEWERKER will promptly inform the Customer about the non-availability of the delivery or service and refund any payments already made.

18. Retention of Title

18.1 Delivered building energy systems and their components remain the property of DIE ENERGIEWERKER until full payment of the respective compensation owed for them.

19. Customer’s Claims for Defects

19.1 DIE ENERGIEWERKER are liable to the customer for material and legal defects in accordance with the applicable legal provisions, unless otherwise specified below.

19.2 The customer has all rights arising from the statutory provisions regarding any material, product, or legal defects in sold products or provided work services. However, the customer can claim damages or reimbursement of futile expenses due to defects only under the legal conditions and only to the extent that liability exists according to the warranty provisions.

19.3 The statutory limitation periods apply.

20. Right of Revocation

20.1 If the final customer concludes a contract with DIE ENERGIEWERKER  outside the business premises of DIE ENERGIEWERKER or outside the business premises of commercial agents or other sales partners commissioned by DIE ENERGIEWERKER, or if only means of distance communication (e.g. letter, email, fax) were used for contract conclusion and contract negotiations, the final customer has a right of withdrawal under the conditions and in accordance with the statutory provisions.

20.2 The statutory provisions apply to the right of withdrawal, unless otherwise regulated in the contract, and the following regulations apply to the withdrawal of the respective concluded contract in accordance with the relevant statutory withdrawal instructions. In the event of withdrawal, DIE ENERGIEWERKER are entitled to refund payments received using other means of payment than those agreed upon for the customer’s payment obligation, in particular by bank transfer to their account.

20.3 The declaration of withdrawal by the customer must be made in writing and does not require a prescribed form.

21. Guarantees

21.1 Product and performance descriptions provided by DIE ENERGIEWERKER are not guarantees. Only guarantees given in writing or in text form and expressly labeled as such are binding.

21.2 If agreed upon, the customer has claims against the manufacturer regarding a delivered building energy system or its components (“manufacturer’s guarantee”). The subject matter, conditions, content, duration, and the responsible manufacturer are determined by the respective guarantee terms of the manufacturer. Claims arising from manufacturer’s guarantees must be asserted directly by the customer with the manufacturer resulting from such a guarantee, in accordance with the provisions of the respective guarantee terms. The customer has no claims against DIE ENERGIEWERKER arising from manufacturer’s guarantees. DIE ENERGIEWERKER also do not guarantee that manufacturers obligated by a manufacturer’s guarantee will provide the services owed under the guarantee.

21.3 If agreed upon, DIE ENERGIEWERKER assume a dealer and installation guarantee in accordance with the contractually agreed-upon conditions, which guarantees the proper functioning of the building energy system for a specified period and can be claimed by the customer directly. The requirements, content, and duration of such a guarantee are determined by the separate conditions of the agreed-upon work contract.

21.4 All guarantees provided by manufacturers and DIE ENERGIEWERKER exist alongside the rights to defects under statutory liability against DIE ENERGIEWERKER, without replacing them.

22. Liability

22.1 DIE ENERGIEWERKER are liable, regardless of the legal basis, in cases of intent or gross negligence, and in the event of injury to life, body, or health in accordance with the statutory provisions. Furthermore, liability of DIE ENERGIEWERKER under the Product Liability Act is not affected by the following limitations and exclusions of liability. In the case of a contractually assumed guarantee, DIE ENERGIEWERKER are liable in accordance with the guarantee and, additionally, according to any applicable legal provisions.

22.2 In cases of simple or slight negligence, DIE ENERGIEWERKER – unless otherwise regulated – are liable only for breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely (so-called cardinal obligation), for damages and reimbursement of futile expenses. The liability of DIE ENERGIEWERKER are limited to the replacement of foreseeable and typical damages. In all other cases, DIE ENERGIEWERKER’s liability is excluded, subject to any agreed-upon guarantee provisions.

22.3 The above limitations and exclusions of liability also apply in favor of officers, employees, and shareholders of DIE ENERGIEWERKER.

23. Engagement of Agents

23.1 DIE ENERGIEWERKER may engage agents or replace engaged agents with other agents without the prior consent of the customer, especially for the fulfillment of obligations related to the installation, assembly, and commissioning of delivered building energy systems and associated components.

23.2 DIE ENERGIEWERKER are liable for the fault of agents as if it were their own fault, within the scope of the liability exclusions and limitations set out in these terms and conditions or any special agreements made.

24. Intellectual Property

24.1 All copyrights, industrial property rights, or other intellectual property rights existing in the building energy system, components, or product or performance descriptions, drawings, operating instructions, product documentation, photos, and the like belong exclusively to DIE ENERGIEWERKER or another rights holder. The customer is not granted any rights to these.

25. Form of Customer Information Transmission

25.1 The customer agrees that DIE ENERGIEWERKER may provide legally required customer information on a medium other than paper, even if the contract was concluded outside the business premises of DIE ENERGIEWERKER.

26. Severability Clause and Applicable Law

26.1 If a provision in these terms and conditions or in a contract subject to these terms and conditions is ineffective, this does not affect the other provisions of the terms and conditions or the contract. Instead of the ineffective provision, the applicable legal regulation applies.

26.2 For contracts between DIE ENERGIEWERKER and the customer to which these terms and conditions apply, as well as for all disputes arising from or in connection with such contracts, German law applies, with the application of conflict-of-law rules of German international private law that would lead to the application of another legal system being excluded. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is also excluded, unless otherwise agreed. According to Article 6(2) of Regulation No. 593/2008 I, this choice of law does not result in a consumer being deprived of the protection afforded to them by the mandatory consumer law of the state in which they have their habitual residence, provided that DIE ENERGIEWERKER exercise their professional or commercial activity in that state or direct such activity in any way to that state or to several states, including that state, and the contract falls within the scope of that activity.