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Imprint.

GEONIMA® solar technology
Owner Frank Semrau


Gerolsteiner Strasse 3
D-50997 Cologne


Tel:  +49 (0)2236 331 60 20
Email: info@geonima.de

VAT ID: DE230802392
Tax number: 219/5311/1162
Tax Office Cologne South


Bank details:
Volksbank Cologne Bonn eG
IBAN: DE22 3806 0186 7013 3810 16
BIC: GENODED1BRS

Disclaimer:

Liability for content
The contents of our pages were created with great care. However, we cannot guarantee that the content is correct, complete or up-to-date. As a service provider, we are responsible for our own content on these pages according to Section 7, Paragraph 1 of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible from the point in time at which knowledge of a specific infringement of the law is known. As soon as we become aware of any violations of the law, we will remove this content immediately.
Liability for links
Our offer contains links to external third-party websites, the content of which we have no influence on. Therefore we cannot assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent control of the content of the linked pages is not reasonable without concrete evidence of an infringement. As soon as we become aware of legal violations, we will remove such links immediately.

Copyright:

The content and works on these pages created by the site operators are subject to German copyright law. The duplication, editing, distribution and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular contents of third parties are marked as such. Should you nevertheless become aware of a copyright infringement, we ask that you inform us accordingly. As soon as we become aware of legal violations, we will remove such content immediately.

 

AGB (General Terms and Conditions, as of January 2019)

1. General

The services provided by geonima® solar technology are based exclusively on these terms and conditions. Deviating conditions are not recognized. The contract is concluded with the written confirmation of the order by geonima® solar technology.

2 offers
Offers from geonima® solar technology are non-binding. We reserve the right to make technical changes to the components or further technical developments.

3. Scope of Services
3.1 The scope of the service results exclusively from the order confirmation.


3.2 geonima® Solartechnik is entitled to have the services required for the execution of the contract carried out by third parties.

4. Terms of Payment
4.1 All fees do not include the applicable statutory value added tax.

4.2 Turnkey photovoltaic system: 75% of the net offer price 14 days before delivery of the photovoltaic components (solar modules, inverters and substructure). However, this amount can be paid into an escrow account beforehand, so that no prepayment is required. 25% of the net offer price for commissioning by geonima® solar technology (not by the energy supplier) plus any additional expenses.

4.3 Photovoltaic kits or material delivery: 100% 14 days before material delivery.

4.4 The fee is due for payment within five (5) days of the invoice date without deduction.
If the customer is in default of payment, geonima® Solartechnik is entitled to demand default interest of 5 percentage points above the respective base interest rate, insofar as the customer is a consumer, or default interest of 8 percentage points above the respective base interest rate demand if the customer is an entrepreneur. If geonima® Solartechnik can prove a higher damage caused by delay, geonima® Solartechnik is entitled to assert this.

4.4 Checks are only accepted on account of performance; the costs and expenses incurred hereby shall be borne by the customer.

4.5 The customer can only offset an undisputed or legally established claim. If the customer is not a consumer, the assertion of a right of retention is excluded unless the customer's counterclaim is undisputed or has been legally established.

4.6 If there are circumstances that prove an impairment of the customer's creditworthiness or the customer's inability to pay and therefore jeopardize geonima® Solartechnik's claim for payment, geonima® Solartechnik can make the services or deliveries dependent on full advance payment of the remuneration. This also applies if the circumstances between the conclusion of the contract and delivery or after one or more partial deliveries should become known. If the customer refuses the advance payment or does not pay despite setting a deadline, geonima® Solartechnik is entitled to withdraw from the contract and to claim damages. If an application for insolvency has been filed for the customer's assets or insolvency proceedings have been opened, there is also a right of withdrawal and a right to damages.

5. Requirements for assembly and delivery services; Customer's obligation to cooperate
5.1 The processing of the order begins with the full payment of the amounts accrued up to that point according to the payment plan.

5.2 The customer has to provide geonima® solar technology publishers with proof of the availability of financing, in the amount of the entire order volume, through the assignment of equity and/or payment claims from loans (e.g. KfW).

5.3 The customer must ensure at his own expense that assembly, installation or commissioning can begin as agreed and can be carried out without interruption.

5.4 The customer must ensure that the structural requirements (structural inspection of the roof construction, any necessary building permits, etc.) are in place for the installation of the system at his own expense before the installation work begins.

5.5 The customer allows geonima® Solartechnik and the third parties commissioned by geonima® Solartechnik unrestricted access to the installation site, insofar as this is necessary to provide the contractually owed services.

5.6 If the customer is in default of acceptance or culpably violates other obligations to cooperate, geonima® Solartechnik is entitled to demand compensation for the damage incurred, including any additional expenses; upon default of acceptance, the risk of accidental deterioration and accidental loss of the photovoltaic system is transferred to the customer.

5.7 geonima® Solartechnik has the sole and unrestricted authority to issue instructions to third parties commissioned by it within the framework of the services to be provided. In particular, the customer must agree changes and special requests in writing exclusively with geonima® Solartechnik. Agreements with third parties, in particular subcontractors, are ineffective in relation to geonima® solar technology.

6. Delivery times; delay in delivery; Transfer of risk in the case of material deliveries
6.1 Dates or deadlines are only binding if they are agreed in writing.

6.2 If the customer does not cooperate in a timely manner to meet deadlines or deadlines, the deadlines are extended by the period of the hindrance. Delays due to force majeure and events - such as strikes, lockouts, official orders, etc. - which make it difficult or impossible for geonima® Solartechnik to provide the agreed services not only temporarily, geonima® Solartechnik also have to deal with bindingly agreed dates and deadlines not to represent. This also applies to third parties commissioned by geonima® Solartechnik or their contractors.

6.3 geonima® Solartechnik is liable according to the statutory provisions, provided that the delay is due to an intentional or grossly negligent breach of contract for which geonima® Solartechnik is responsible. Liability for slight negligence is excluded.

6.4 In the case of pure material delivery, delivery and shipping are at the customer's expense and risk. The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover, in the case of mail-order sales upon delivery of the item to the forwarding agent, carrier or other person or institution responsible for carrying out the shipment. The shipping method is selected by geonima® Solartechnik or the suppliers commissioned by geonima® Solartechnik. Geonima® Solartechnik only takes out insurance at the request of the buyer and against payment of the insurance fee. Any credit for the damage will only be made if geonima® solar technology has received coverage from the insurance company. Geonima® Solartechnik does not assume any further obligations.

7. Retention of Title
7.1 Ownership of all components is only transferred to the customer upon full payment of the fee. geonima® Solartechnik retains ownership of the components until the fee has been paid in full.

7.2 In the event of breaches of duty by the customer, in particular in the event of default in payment, geonima® Solartechnik is entitled to withdraw from the contract and to demand the return of the components. The customer bears the costs for dismantling or delivery and for technical changes that were caused by the assembly or that were made at the customer's request.

7.3 Until the transfer of ownership, the customer must maintain the components and insure them appropriately at replacement value against fire, theft and other usual risks.

7.4 If the reserved goods delivered by geonima® Solartechnik are processed or combined with goods owned by third parties, geonima® Solartechnik is entitled to ownership of the new item in the part that corresponds to the invoice value of the goods in relation to the value of the new item at the time of processing or connection corresponds. If the buyer acquires sole ownership of the new item by operation of law through processing or connection, geonima® Solartechnik agrees with him that he geonima® Solartechnik is co-owner of the new item according to the ratio of our invoice value of the reserved goods to the value of the new item created time of processing or connection and stores it for us free of charge.

7.5 During the existence of the retention of title, the customer is prohibited from pledging or assigning the components as security. The customer is only permitted to resell the components if he is not in default. The customer assigns the claims arising from the resale or any other legal reason (insurance, tort) with regard to the components to geonima® solar technology in full as a precaution. geonima® Solartechnik revocably authorizes the customer to collect the claims assigned by geonima® Solartechnik for the account of geonima® Solartechnik in his own name. This direct debit authorization can only be revoked if the customer does not properly meet his payment obligations.

7.6 In the event of attachments, confiscations or other dispositions or interventions by third parties, the customer will point out the ownership of geonima® Solartechnik and notify geonima® Solartechnik in writing immediately. If the third party is not able to reimburse geonima® Solartechnik for the judicial or extrajudicial costs incurred in connection with the enforcement of our property rights, the customer is liable for this.

8. Acceptance
8.1 Acceptance is carried out by the customer after the system is ready for operation.

8.2 Acceptance is the same if the customer does not accept the system within a reasonable period set by geonima® Solartechnik, although the customer is obliged to do so. geonima® Solartechnik can be represented by third parties commissioned by geonima® Solartechnik to carry out the acceptance and sign the acceptance protocol. Acceptance is also deemed to have taken place if the system has been put into use by the customer without reservation.

8.3 A protocol is to be drawn up about the acceptance, which is to be signed by both contractual partners.

9. Warranty
geonima® solar technology is only liable for the services provided by geonima® solar technology, but not for the products; the warranties of the suppliers apply to this. geonima® solar technology is liable for defects as follows:

9.1 The customer must report material defects in writing immediately after becoming aware of the defects.

9.2 If the system shows a defect upon acceptance, geonima® Solartechnik is initially entitled to supplementary performance within a reasonable period of time.

9.3 If the supplementary performance fails, the customer can withdraw from the contract or reduce the payment after setting a reasonable grace period - without prejudice to any claims for damages in accordance with Article 11.

9.4 During the warranty period, the customer may only have the system maintained and repaired by a qualified specialist company. The customer ensures that unauthorized persons do not have access to the system components.

9.5 Excluded from the warranty are natural wear and tear, damage resulting from improper or negligent handling, excessive stress, unsuitable equipment and non-compliance with operating instructions. The same applies to damage caused by changes or repair work by the buyer or third parties not involved by geonima® Solartechnik.

9.6 Irrespective of the warranty claims, the manufacturers grant a guarantee in accordance with the respective manufacturer's specifications on the basis of an independent guarantee contract. Insofar as the manufacturer provides a guarantee service to geonima® solar technology, geonima® solar technology will assign any resulting claims to the customer.

9.7 Photovoltaic systems are to be checked once a year by a recognized specialist company at the customer's expense within the scope of the warranty. If the maintenance intervals are not observed by the customer, the geonima® solar technology warranty expires.

10. Withdrawal from Contract
10.1 Without prejudice to the statutory right of withdrawal, both parties are entitled to withdraw:
In the event of price increases by the suppliers for the individual components included in the offer from geonima® Solartechnik, insofar as this price increase amounts to a total of 3% of the original price given when the offer was submitted, based on the overall offer and
in the event of delivery delays by suppliers of more than 3 months compared to the delivery date contained in the offer.

10.2 Insofar as geonima® Solartechnik withdraws from the contract, geonima® Solartechnik must present the customer with suitable evidence of the requirements for withdrawal in accordance with Section 10.1 upon request. In addition, any claims for damages resulting from delays in delivery within the meaning of Section 10.1. result, excluded.

11. Claims for Damages
11.1 In the case of slightly negligent breaches of duty, geonima® Solartechnik's liability is limited to the foreseeable, contract-typical, direct average damage based on the type of goods. This also applies to slightly negligent breaches of duty by legal representatives or vicarious agents. geonima® solar technology is not liable to entrepreneurs for slightly negligent violations and insignificant contractual obligations. The above limitations of liability do not apply to customer claims arising from product liability. Claims for damages by the customer due to a defect become time-barred after 1 year from delivery of the goods. This does not apply if geonima® solar technology can be accused of malice.

11.2 In the event of unjustified withdrawal by the customer, geonima® Solartechnik is entitled to demand compensation in the amount of the service rendered up to that point.

12. Advertising, reference
geonima® solar technology is entitled to photograph the photovoltaic system after completion free of charge, to use it for its own advertising purposes and to name the system as a reference.

13. Conclusion of an electricity supply contract for feeding in the electrical energy
A contract between the customer and the local grid operator is required for the feeding of electrical energy into the grid of the local grid operator, the conclusion of which is the responsibility of the customer. The customer assures that the public law notification required for the installation of the photovoltaic system on the roof of the building has been submitted to the responsible building authority. geonima® solar technology can demand corresponding proof from the customer.

14. Final Terms
14.1. Verbal collateral agreements do not exist.

14.2. If circumstances occur during the contract period that affect the technical, economic or legal effects of this contract so significantly that service and consideration are no longer proportionate to each other, each contracting party can request an adjustment of the contract to the changed conditions.

14.3. The law of the Federal Republic of Germany. The provisions of the UN sales law do not apply. If the customer is a merchant, the exclusive place of jurisdiction for all disputes arising from the contract is Cologne. The same applies if the customer does not have a general place of jurisdiction in Germany.

14.4. Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective regulation should be replaced by a regulation whose economic success comes as close as possible to the ineffective one.

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