These terms and conditions of delivery and payment are legally binding for all business relationships, sales and other legal transactions between the customer and ROLLO SOLAR® Melichar GmbH. Deviating agreements or additions, telephone and oral agreements, are only binding if theyhave been confirmed in writing by ROLLO SOLAR® Melichar GmbH. The possible invalidity of individual contractual provisions does not affect the validity of other parts of the contract.
Offers of ROLLO SOLAR® Melichar GmbH are subject to change and are non-binding. The prices valid on the day of delivery are calculated, at which any price and control surcharges as well as prices based on official orders or economic reasons and tax increases that can be paid are to be added. All prices are without VAT and ex works, without packaging, unless otherwise stated on the offer sheets. ROLLO SOLAR® Melichar GmbH makes recommendations regarding the installation and the possibility of use of the systems and the technical equipment to the best of its knowledge and experience, without, however, accepting any liability of any kind.
The figures relating to deliveries and services, drawings, brochures, etc. and the data contained therein, e.g. on performance, technical characteristics, weight and dimensions, etc., are only approximate and non-binding. Models and drawings remain the property of ROLLO SOLAR® Melichar GmbH and may not be made available to third parties without written consent.
- Order Confirmation
The order is deemed to have been accepted on these terms and conditions if it has been confirmed in writing by ROLLO SOLAR® Melichar GmbH or executed promptly. Complaints of confirmations must be made in writing without delay, at the latest within two days, otherwise the confirmations shall be deemed to be fully accepted by the client.
In the event of price and cost increases between quotation and order as well as between order confirmation and delivery, ROLLO SOLAR® Melichar GmbH is entitled to make a corresponding price adjustment. The client will be notified at least 4 weeks before the effective price increase. It is deemed agreed that orders placed on demand" will be executed within one year of placing the order. The extension of the deadline (also tacitly) for another year is possible. After 2 years from the date of placing the order, the delivery or service must be taken at the latest, otherwise the customer must pay a distance fee of at least 25% from the total order amount as reimbursement for already incurred costs of work preparation as compensation. With a refund of the distance fee, the order shall be deemed to have been cancelled in respect of the quantities that have not yet been accepted.
ROLLO SOLAR® Melichar GmbH reserves the right to correct and reload for errors as well as typing and arithmetic errors.
- Delivery and acceptance
The shipment takes place at the expense and risk of the customer, the latter even if ROLLO SOLAR® has taken over the shipping costs and the delivery, this does not apply to consumer transactions. Insofar as transport insurance is taken out, this shall be borne by the customer. However, a guarantee for full coverage of the damage by ROLLO SOLAR® Melichar GmbH, is expressly not assumed, this does not apply to consumer transactions.
Partial deliveries are possible; they shall be deemed to be independent deliveries which may be calculated separately. At ROLLO SOLAR® Melichar GmbH and their sub-suppliers, compliance with an agreed delivery period requires undisturbed work by the company, timely delivery of the required raw materials and delivery parts and performance of the agreed payments and other obligations of the customer.
If ROLLO SOLAR® Melichar GmbH is not able to deliver through no fault of its own or if the inability to deliver is due to events of force majeure, the contractual partners are entitled to withdraw from the contract after 2 months from the agreed delivery date. Claims for damages due to a withdrawal due to force majeure or lack of fault do not exist on both sides. Cancellation of fixed orders can only be made if at least 25% of the order amount to ROLLO SOLAR® Melichar GmbH for costs already incurred for work preparation are reimbursed as compensation. In the case of custom-made products, a withdrawal of the client from the contract is in any case inadmissible. Drawings, dimensions and constructions of custom-made products (e.g. railings, ladders, roller shutters, etc.), also if theseare proposed by ROLLO SOLAR® Melichar GmbH, must be checked by the customer for correctness before the parts are made. Unusability or costs for changes to the finished product resulting from incorrect dimensions shall be borne by the customer.
The completeness of the shipment must be checked immediately. Any discrepancies must be reported in writing to ROLLO SOLAR® Melichar GmbH within 3 days. Subsequent complaints cannot be accepted. In the eventof transport damage, an inventory of the facts must be prepared immediately by the customer and sent to ROLLO SOLAR® Melichar GmbH. In the case of direct factory deliveries, unloading from the truck or railway container shall be at the expense of the customer.
- Assembly work
All works are carried out and calculated according to the flat prices listed in the offer, taking into account the above-mentioned work and scope of supply.
If fitters are called to work too early by the client or are prevented from carrying out their work due to causes for which the contractor is not responsible, the resulting waiting or additional working hours and possibly additional travel costs that become necessary are calculated separately and are to be reimbursed by the client.
If the client requires the fitters to carry out additional work or modifications, these must be confirmed in writing by the client to ROLLO SOLAR® Melichar GmbH and approved by the contractor in writing. Such work will be billed additionally and shall be reimbursed by the client. The installer may onlycarry out such work with the express permission of ROLLO SOLAR® Melichar GmbH.
For work carried out by the contractor's fitters at the request of the contractor without the express permission of the contractor, the Contractor disclaims any liability or warranty in terms of execution as well as the consequences thereof, from the outset.
Changes and repairs are only calculated on the basis of the actual material used, the effective working time, the corresponding travel time and the corresponding travel costs.
Electricity and water must be provided free of charge by the client at the beginning of the work for the execution of an order. It is deemed agreed that the contractor may have partial work carried out by contracting companies without the special consent of the client.
All services and assembly work that have not been ordered at flat rates already offered are calculated according to the standard rates of the contractor, which the client can request from the contractor at any time. If, at the request of the client, the execution of the order is required outside the usual working hours, a special remuneration is calculated.
The warranty for assembly work is 2 years. The manufacturer's warranty provisions apply to the warranty of the technical equipment.
Notices of defects must be received in writing and specified by ROLLO SOLAR® Melichar GmbH without delay, at the latest one week after the arrival of the goods at the destination. Parts that are demonstrably rendered unusable due to faulty design, poor building materials or defective design within 6 months of the transfer of risk, or whose usability has been significantly impaired, will be repaired free of charge at the place of use or in our workshops or replaced free of charge ex works. Replaced parts become the property of ROLLO SOLAR® Melichar GmbH.
If the commissioning is delayed through no fault of ROLLO SOLAR® Melichar GmbH, the liability for defects expires no later than 2 months after the transfer of risk. Liability for defects does not relate to natural wear and tear and to damage caused by incorrect or negligent handling, excessive stress and non-observance of the operating instructions.
Warranty applies accordingly to repair work and spare parts, however, there is no compensation for delay and there is a warranty only until the end of the original warranty period.
If an assembly error is made by an installer of ROLLO SOLAR® Melichar GmbH, the liability is limited to correcting this error by proper assembly.
In the case of tiled parts, no warranty is given for damaged tiles.
The rectification of the defects may be refused as long as the client has not fulfilled its obligations. Additional costs for work that are due to the client's own attempts at repair shall be borne by the client. If a case is intervened without the consent of ROLLO SOLAR® Melichar GmbH, the warranty/guarantee expires with immediate effect.
Claims for compensation due to direct or indirect damage to the client cannot be asserted. Goods sold as a lower quality or used are not subject to warranty/guarantee.
- Retention of title
The goods remain the property of ROLLO SOLAR® Melichar GmbH until all claims against the customer have been fulfilled. Before fully fulfilling its obligations, the customer may neither pledge nor transfer the goods for security. The client of ROLLO SOLAR® Melichar GmbH must notify any attachments immediately. The resale on the part of the client is only permitted in the context of the ordinary course of business.
If an order is calculated at the request of the client to its client, our client expressly assumes liability for the receipt of the claim.
Unless otherwise written agreements have been made, the payments shall be made within 14 days of the invoice date without deduction or within 8 days with a 3% discount. Payment cannot be made dependent on the commissioning of a plant. Repair and customer service invoices must be paid immediately upon receipt of the invoice, without deduction. The buyer can only object to invoices within one week. Complaints do not entitle you to deferral payment.
Set-off and retention are excluded, even if warranty claims are asserted. If payments are deferred or made later than agreed, interest in the amount of 5% above the respective base interest rate in accordance with Section 288 of the German Civil Code (BGB) will be charged for the interim period, without the need for a separate default. In the event of non-compliance with the terms of payment, all our claims become due immediately. We would like to point out that after three requests for payment (reminder) we will transfer the data to our collection agency. In the case of individual deliveries or services carried out in the course of construction progress, instalment payments in the respective of 90% of the deliveries and services actually delivered must be made within 8 days of request.
ROLLO SOLAR® Melichar GmbH reserves the right to invoice the agreed service by letter mail or by electronic mail in PDF format.
The customer has to inform ROLLO SOLAR® Melichar GmbH immediately in writing and legally valid. Invoices to the e-mail address last disclosed bythe customer shall be deemed to have been received if the customer has not announced a change in his e-mail address ROLLO SOLAR® Melichar GmbH.
The customer must ensure that all electronic submissions of the invoice by e-mail by ROLLO SOLAR® Melichar GmbH can be duly delivered to the e-mail address provided by the customer and that technical facilities and programs can be adapted accordingly. Any automated electronic reply letters to ROLLO SOLAR® Melichar GmbH (e.g. absence notes) cannot be taken into account and do not prevent valid delivery.
- Place of performance
The place of performance for deliveries and payments as well as the exclusive place of jurisdiction for all disputes arising from transactions of any kind, including the acceptance of bills of exchange, is Bad Tölz.
(as of 2018)