Contractual provisions according to model contract and General Terms and Conditions

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Consent

After the purchase, Solarify GmbH sends the electronic contract for the purchase and installation of solar panels and roof subleasing to the customer. By accepting the sample contract and the General Terms and Conditions, the customer declares his or her agreement with all contractual provisions listed. The buyer’s details given in the shop form are automatically included in the contract.

 


 

Contractual provisions according to the following model contract (Articles 1 to 14)

Contract for the purchase and installation of solar panels and roof subleasing

Solarify GmbH, Company number CHE-254.185.516, Hünibachstrasse 77a 3626 Hünibach, acting through CEO Aurel Christian Schmid (hereafter Solarify) and

NAME CUSTOMER, ADRESS CUSTOMER, PLACE OF RESIDENCE CUSTOMER (hereafter customer)

hereby agree:

 

1. Preambel

This contract regulates the sale of NUMBER panels as well as the installation, operation, maintenance and leasing of a suitable location on a roof.

 

2. Purchase

Solarify sells to the customer NUMBER panels [according to selection and description webshop] worth PRICE CHF (UNIT PRICE per panel) [according to calculation webshop]. The price is payable in advance within NUMBER of days after signing the contract by bank transfer. The order is subject to a 10-day right of withdrawal.

Solarify GmbH is subject to value added tax with the number: CHE-254.185.516

 

3. Installation

Solarify undertakes to install or have the solar panels installed directly (i.e. without delivery to the customer) on the following roof within 12 months after payment of the purchase price:

BUILDING NAME; ADDRESS, LOCATION

The installation is included in the above panel price.

 

4. Guarantee

Solarify guarantees the function and performance of the panels for the contract period of NUMBER of years [according to selection and description webshop]. The performance guarantee guarantees an output of at least 80% of the nominal capacity over the contract period. Solarify makes provisions for any necessary replacement of solar panels based on this guarantee (see section “6. Operation“).

 

5. Roof Subleasing

Solarify has concluded a rental contract with the land and roof owner, which is available to the customer [link to roof utilisation contract]. Based on this contract and the authorisation for sublease contained therein, Solarify rents to the client the space on the aforementioned roof required to operate the purchased panel(s). The customer undertakes to comply with all obligations of Solarify (as main tenant, in accordance with the contract with the roof owner).

 

6. Operation

Solarify operates the solar panels for its customers and sells the generated electricity to the roof owner and the local electricity supplier. Where possible, Solarify also sells the guarantees of origin for electricity from renewable energies. Solarify maintains separate accounts for each solar installation, records maintenance expenses and establishes provisions for major replacement expenses. Maintenance costs are deducted from the gross return. On a quarterly basis, Solarify pays its customers 80% of the net revenue (gross return from the sale of electricity and guarantee of origin less maintenance expenses and provisions) of their solar panels by bank transfer. 20% of the net revenue remains with Solarify as compensation for its work. A positive maintenance balance at the end of the contract period is shared in the same ratio (80 to 20) between the solar panel owners (customers) and Solarify.

Returns depend on many factors such as solar radiation, temperature and market prices. Solarify does not guarantee a specific return. Customers can view the performance of the solar plant online. The customer acknowledges that for accounting purposes, the output of all panels on the same roof is added together and billed by number of panels.

 

7. Insurance

Solarify will take out an insurance for the panels against damage to property as well as a liability insurance . The (pro rata) insurance premiums are deducted from the gross return as maintenance costs.

 

8. Non-recurrent remuneration

The customer authorises Solarify to apply for the non-recurrent remuneration under the Energy Act or other government and/or private one-off funding. The application is included in the above purchase price. Upon receipt of the payment, Solarify will forward the full amount to the customer. If the non-recurrent remuneration is lower than expected, the fee will be reduced proportionally.

The customer authorises Solarify to register the panels for further public or private grants or funding measures. Corresponding regular payments are included in the gross revenue according to chapter “6. Operation”.

 

9. Withdrawal

Solarify may withdraw from the contract within 12 months of payment of the purchase price against reimbursement of the purchase price if there are not enough customers or solar panels sold for a roof project.

 

10. Contract Period

The present contract (subleasing of the roof, operation) comes into force upon signature and lasts for NUMBER [according to selection and description webshop] years from the beginning of the next quart (1 January, 1 April, 1 July, 1 October) after the PVA has been put into operation.

At the end of the regular contract period, the solar panels will be transferred to Solarify without compensation. Solarify is responsible for the disposal of the solar panels. Reference is made to clause 9 of the main rental contract.

Both parties shall have the right to terminate the contract at the end of each quarter (31.3., 30.6., 30.9, 31.12.) without giving reasons by letter or e-mail, subject to a notice period of three months. If Solarify terminates the contract, it shall compensate the customer to the residual value (attachment). If the customer terminates the contract, it may (1) have its solar panels dismantled by Solarify, for which it shall bear the costs, (2) sell the panels to Solarify for the remaining residual value according to the table of residual values (integral part of the contract) less a 5% handling fee, or (3) transfer them to another person. The repurchase price is due for payment within 60 days of the end of the contract. In the case of variant (3), the person taking over shall provide Solarify with his address and account details and subsequently sign the contract issued by Solarify. Solarify may reject the new owner within 20 days of notification without giving reasons, thus leaving options 1-3 open to the client.

 

11. Disclaimer

Solarify shall only be liable for damage caused deliberately or by gross negligence. Solarify shall not be liable for its auxiliary persons.

 

12. Restraint on disposal

The solar panels may not be pledged or encumbered with usufruct.

 

13. Integral components

Integral components of the sales contract are:

– Main rental contract (incl. annexes)

– Table of residual values

 

14. Place of jurisdiction and applicable law

Exclusive place of jurisdiction is Thun. The sales contract is subject to Swiss law.

 

Place: Hünibach Date: TT.MM.JJ Signature Aurel Schmid, Solarify GmbH
Place: Place of residence Date: TT.MM.JJ The customer has agreed to these contractual provisions and the General Terms and Conditions of Solarify GmbH online when placing the order.

 


 

General Terms and Conditions (GTC)

 

1. Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all orders placed and contracts concluded via the online shop of Solarify GmbH (company number CHE-254.185.516, Hünibachstrasse 77a 3626 Hünibach; hereafter referred to as “Solarify”).

Solarify reserves the right to amend these GTC. In each case, the version of the GTC in force at the time of the order shall apply.

 

2. Offer

The offer is aimed at natural and legal clients domiciled in Switzerland.

The offer is valid as long as it is visible in the online shop and stocks last. Prices and product range can be changed at any time.

 

3. Price

The prices are in Swiss francs, including value added tax (VAT). The price in the online shop at the time of the order is decisive.

 

4. Order

The presentation of the products in the online shop is not a legally binding request, but a non-binding invitation to customers to order the product in the online shop. Solarify reserves the right to limit the order quantities for certain products.

A completed order including the consent to the displayed sample contract and the GTC shall be deemed to be a request to Solarify to issue the electronic contract. After transmission of the order, the customer will automatically receive a confirmation of receipt which documents that the order has been received by Solarify.

Solarify shall be free to reject orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Any further claims shall be excluded. If no solar panels are available for purchase, the customer may reserve solar panels without obligation and without obligation to purchase.

 

5. Conclusion of contract

A contract shall only come into existence when the order is processed by Solarify. After successful processing of the order, the customer will receive the legally binding contract by e-mail. At the customer’s request, the contract can also be sent in paper form.

 

6. Right of withdrawal and cancellation

The customer has the right to withdraw from the contract within 10 days of its conclusion and, if payment has already been made, to receive a full refund of the amount paid from Solarify. After expiry of the 10 days, the ordinary withdrawal provisions of the contract shall apply.

 

7. Delivery

Solarify undertakes to install the solar panels ordered or have them installed directly on the roof selected in the order within 12 months after payment of the purchase price. The installation is included in the purchase price stated.

There will be no delivery to the customer.

 

8. Guarantee

Solarify provides customers with a guarantee of function and performance of the solar panels for the duration of the contract. The performance guarantee guarantees an output of at least 80% of the nominal capacity over this period. Solarify makes provisions for any necessary replacement of solar panels based on this guarantee.

 

9. Payment options

Payments are made by bank transfer on account and must be made in Swiss francs.  The invoice will be sent to the customer electronically by e-mail after completion of the order. The outstanding amount must be paid within the payment period of 20 days indicated on the invoice.

 

10. Donation

Solar panels can be given away to third parties when ordered. Minors can also become owners of donated solar panels with the consent of their legal guardians. When selecting the gift option, contact details of the person receiving the gift must be provided. The contract is concluded between Solarify, the customer and the presentee. With the contract, the customer transfers the ownership rights to the presentee. The contract only becomes legally binding with the signature of the presentee. In the case of minors, the contract must be signed by their legal guardians.

 

11. Applicable law and place of jurisdiction

The legal relationship between Solarify and its customers is governed by Swiss law. Exclusive place of jurisdiction is Thun.