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Terms and Conditions

Convenience translation · German version 3 · July 2026

This page is an English convenience translation of the German General Terms and Conditions of Bielektro GmbH i. G.

Important: The German version is the contractual and legally authoritative version. If this translation differs from the German text, the German text prevails.
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§ 1 Scope and definitions

  1. These General Terms and Conditions apply to all contracts for works, deliveries and other services between Bielektro GmbH i. G., Langer Brink 33, 33790 Halle (Westf.) – referred to below as the “Contractor” – and its clients.
  2. A consumer is any natural person who enters into a legal transaction for purposes predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). A business customer is a natural or legal person or a partnership with legal capacity acting in the course of its trade, business or profession when entering into the contract (§ 14 BGB).
  3. Clauses applying exclusively to business customers or consumers are marked accordingly. All other clauses apply to both groups.
  4. Any differing, conflicting or supplementary terms of the client become part of the contract only if the Contractor has agreed to them in text form. This also applies where the Contractor performs with knowledge of such terms without reservation.
  5. Individually negotiated agreements always take precedence over these Terms and Conditions (§ 305b BGB).
  6. These Terms and Conditions also apply to future contracts of the same type without a renewed reference. business customers only

§ 2 Offers, estimates and conclusion of contract

  1. Offers are non-binding unless expressly stated to be binding. Any stated validity period remains unaffected.
  2. The contract is concluded by the Contractor’s order confirmation in text form or when performance begins.
  3. An initial site visit and consultation is free of charge unless otherwise agreed. Further planning, measurement, survey and concept services are charged separately where this was agreed before they were provided.
  4. Estimates are non-binding unless expressly stated otherwise. If a material overrun becomes apparent during performance, the Contractor will inform the client without undue delay. The client’s rights under § 650 BGB remain unaffected.
  5. The Contractor retains ownership and copyright in offers, estimates, plans, drawings, calculations and other documents. They may not be reproduced or made available to third parties without consent.

§ 3 Scope and exclusions

  1. The scope of work is conclusively determined by the offer or order confirmation.
  2. Unless expressly included, the following are not part of the work: materials where only labour was offered; excavation, masonry, chasing, plastering, painting and closing work; core drilling and wall penetrations; scaffolding, cranes or lifting platforms; fire-stopping including certificates; disposal of existing systems and hazardous materials; and work by other trades.
  3. Electrical cables are generally installed surface-mounted or in existing conduits unless otherwise agreed.
  4. The Contractor may use suitably qualified subcontractors. Its responsibility to the client remains unaffected.
  5. If an offered product is unavailable or not available in time, the Contractor may use an equivalent or higher-grade product where reasonable for the client. The client will be informed in text form and may object within a reasonable period. Additional or reduced costs are adjusted accordingly.

§ 4 Variations, additional work and time-based work

  1. Client requests and instructions under §§ 650b and 650c BGB will, on request, be set out in a variation proposal showing additional remuneration and the effect on deadlines.
  2. Additional services not covered by a fixed price are charged at the agreed hourly rates plus materials.
  3. Time-based work is documented through time sheets. The client confirms these promptly. If a business customer raises no objection within ten working days after submission, the listed time is deemed performed, provided the Contractor separately points out this consequence when submitting the record. business customers only
  4. If unforeseen additional work becomes necessary, the Contractor will inform the client without undue delay. Urgent measures required to prevent danger to persons or property may be carried out without prior approval and are charged separately.

§ 5 Client cooperation and site-provided services

  1. The client provides in good time and free of charge: construction power and water, illuminated and safe access, sufficient traffic and parking areas, lockable storage for material and tools, and all plans, approvals and releases required for performance.
  2. The client ensures free access to the work areas and clears or protects furnishings in good time.
  3. Where connected devices are part of the contract, the client provides a permanent internet connection at the installation site; § 12 applies.
  4. The client permits necessary interruptions to the electricity supply. Systems that cannot tolerate an interruption, such as servers, cooling, medical devices or alarms, must be identified in text form before work begins.
  5. If the client does not fulfil its cooperation duties on time, the Contractor may charge resulting additional costs and waiting time at the agreed hourly rates. Agreed deadlines are extended accordingly.

§ 6 Existing installations, older buildings and hazardous materials

  1. Before work begins, the client provides in text form the location of concealed services, available plans, special structural conditions and requirements relating to fire protection, lightning protection and structural engineering.
  2. The client must disclose asbestos, artificial mineral fibres, PCB or other hazardous materials before work begins. If such materials are found, the Contractor stops work in the affected area and informs the client. Remediation is not included.
  3. When working on existing installations, additional measures may become apparent only after opening the installation, for example missing protective conductors, inadequate conductor sizes or defective distribution boards. Such work is handled under § 4.
  4. The Contractor is not liable for damage to concealed services whose location was not disclosed and could not be identified even with proper professional care. § 16 remains unaffected.

§ 7 Prices and remuneration

  1. For business customers, all prices shown in the quotation are net prices plus the applicable statutory VAT unless expressly stated otherwise. business customers only
  2. For consumers, prices are shown as total prices including statutory VAT and all other price components. Any delivery, travel or other ancillary costs are stated separately before the contract is concluded. consumers only
  3. Where an offer includes labour only, materials are charged separately according to actual cost or are provided by the client.
  4. Hourly rates, surcharges, travel and tool charges apply as stated in the offer.
  5. Where the agreed performance period exceeds four months from conclusion of the contract and material or labour costs subsequently increase by more than ten percent, the Contractor may adjust remuneration by no more than the proven increase. If the adjustment exceeds five percent of the total remuneration, the client may terminate; § 648 sentence 2 BGB does not apply. business customers only
  6. Where the zero VAT rate under § 12(3) German VAT Act is applied to a photovoltaic system, the client confirms that the statutory conditions are met. If they are later found not to have been met, the client bears the VAT subsequently assessed.

§ 8 Payment terms, instalments and default

  1. The Contractor may request instalment payments equal to the value of the work performed and evidenced (§ 632a BGB).
  2. For consumer construction contracts under § 650i BGB, instalment payments may not exceed 90 percent of the total remuneration. With the first instalment, the Contractor provides security of five percent of the total remuneration for timely and defect-free completion (§ 650m BGB). consumers only
  3. Advance payments without corresponding performance require a separate agreement and may be used especially for custom products or client-specific material orders.
  4. The final invoice becomes due after acceptance and receipt of a verifiable final invoice and is payable within 14 days without deduction.
  5. In the event of default, statutory default interest applies (§ 288 BGB). For business customers, the lump sum under § 288(5) BGB may also be charged. Further default losses remain reserved.
  6. The client may set off only undisputed or finally adjudicated counterclaims. A right of retention exists only where it arises from the same contractual relationship. Rights under § 320 BGB remain unaffected.
  7. If the client remains in default after a reasonable grace period, the Contractor may suspend work until payment. Resulting delay is attributable to the client.
  8. Any cash discount requires a separate agreement in text form.

§ 9 Security

  1. The Contractor may request security for agreed but unpaid remuneration under § 650f BGB. Statutory exceptions, in particular § 650f(6) BGB, remain unaffected.
  2. The right to a security mortgage under § 650e BGB remains unaffected.

§ 10 Deadlines, delays and force majeure

  1. Dates and deadlines are binding only if expressly agreed as binding in text form. Otherwise they are estimates of the expected schedule.
  2. Delays caused by force majeure, unsuitable weather, industrial action, supply shortages, public measures, delays by grid or metering operators, or preceding trades extend the performance period by the duration of the impediment plus a reasonable restart period.
  3. The Contractor will notify impediments without undue delay in text form.
  4. If an impediment lasts more than three months, either party may terminate the unperformed part of the contract. Work already performed must be paid for.

§ 11 Grid operators, registrations and public procedures

  1. The Contractor handles registrations and procedures with grid operators, metering operators and authorities – such as grid connection, commissioning, meter changes or registration in the Market Master Data Register – only where included in the offer. The Contractor acts in the client’s name and with authority. The client provides all required powers, documents and data.
  2. Processing times and decisions of grid operators, metering operators and authorities are outside the Contractor’s control. The Contractor does not owe a specific processing, meter-change or commissioning date and is not responsible for resulting delays.
  3. Meter replacement, consolidation or removal is carried out by the responsible metering operator, not by the Contractor.
  4. Technical measures required by the grid operator but not included in the offer – such as replacing the main supply cable, adding a ripple-control receiver or additional meter positions – are treated as a variation under § 4.
  5. Registration in the Market Master Data Register is the system operator’s statutory duty. If the Contractor assists, the client remains responsible for checking the data for accuracy and completeness.

§ 12 Special provisions for photovoltaics, storage and EV charging

  1. The client is responsible for checking the structural stability of the building and suitability of the roof. On request the Contractor may identify a structural engineer; engagement is by the client. The client provides sufficient spare roof tiles because damage can occur during installation.
  2. Statements on electricity yield, self-consumption, autonomy, payback and economics are based on simulations and statistical averages. They are non-binding forecasts, not agreed characteristics or guarantees. Weather, shading, dirt, use, grid conditions and legal changes may cause deviations.
  3. Statements on subsidies, feed-in tariffs and taxation are non-binding and are not legal or tax advice. The client is responsible for verification, where appropriate with a tax adviser or funding body.
  4. A permanent internet connection maintained by the client is required for monitoring, software updates, remote maintenance and fault analysis. Data connection problems, including Wi-Fi, repeaters, network equipment or provider outages, are not defects in the system.
  5. Availability, functions and continuation of manufacturer portals, apps and cloud services are the manufacturer’s responsibility. The Contractor does not guarantee a particular availability.
  6. Manufacturer warranties are voluntary manufacturer services and exist independently alongside statutory defect rights against the Contractor. Processing follows the relevant manufacturer terms.
  7. Backup and emergency-power functions are owed only if expressly agreed. Scope, limits and switching behaviour follow the manufacturer documentation.
  8. Usable battery capacity may differ from nominal capacity. Operating- and age-related capacity loss within manufacturer specifications is not a defect.
  9. After completion, the Contractor hands over system documentation including the test record under DIN VDE 0100-600 and provides operating instructions.

§ 13 Acceptance

  1. The client must accept the work once completed in accordance with the contract. Acceptance may not be refused because of insignificant defects.
  2. If the client does not accept within a reasonable period set in text form and does not identify at least one defect, the work is deemed accepted (§ 640(2) BGB). For consumers, this applies only where the Contractor has explained the consequences with the acceptance request.
  3. Mere use of the work does not replace acceptance. Partial acceptance of completed, independently testable parts is possible if agreed by both parties.
  4. At either party’s request, an acceptance record will be prepared. Reservations concerning known defects and contractual penalties must be included.
  5. Risk passes to the client on acceptance and the limitation period for defect claims begins.

§ 14 Defect claims

  1. The statutory law on contracts for work applies unless otherwise provided below.
  2. The limitation period for defect claims is five years for work on a building and otherwise two years, in each case from acceptance (§ 634a BGB). Photovoltaic, storage and charging systems permanently installed on or in buildings are generally treated as work on a building.
  3. Defects must be reported without undue delay after discovery to avoid consequential damage. Further statutory inspection and notification duties remain unaffected.
  4. The Contractor must be given an opportunity to remedy within a reasonable period. Rights in urgent cases or statutory self-remedy situations remain unaffected.
  5. Defect claims do not apply to the extent a defect results from client-supplied or specified materials, improper treatment or use, unauthorised third-party intervention, normal wear or omitted maintenance.

§ 15 Client-supplied materials and third-party intervention

  1. Where the client supplies materials or components, the Contractor checks for apparent suitability and completeness defects and raises concerns in text form.
  2. The Contractor is not liable for defects caused by client-supplied or specified materials where it fulfilled its inspection and warning duties.
  3. If third parties intervene after acceptance without the Contractor’s consent, defect claims cease to apply to the extent the defect results from that intervention.

§ 16 Liability

  1. The Contractor has unlimited liability for intent and gross negligence, culpable injury to life, body or health, under product liability law and within any guarantee assumed.
  2. For slightly negligent breach of an essential contractual duty – a duty necessary for proper performance and on which the client may normally rely – liability is limited to foreseeable, typical contractual loss at the time of contracting.
  3. Liability is otherwise excluded.
  4. These limitations also benefit the Contractor’s legal representatives, employees and agents.
  5. The Contractor maintains business liability insurance and provides evidence on request.

§ 17 Retention of title

  1. Delivered materials remain the Contractor’s property until remuneration has been paid in full.
  2. If materials become an essential part of land or a building through installation, retention of title ends by operation of law. Security rights under § 9 remain unaffected.

§ 18 Termination

  1. The client may terminate at any time before completion. The Contractor retains the right to agreed remuneration less saved expenses (§ 648 BGB).
  2. Either party’s right to terminate for good cause under § 648a BGB remains unaffected. Good cause for the Contractor includes substantial payment default continuing after a reasonable grace period.
  3. Termination of a construction contract must be in writing (§ 650h BGB). Otherwise text form is sufficient.

§ 19 Consumer right of withdrawal

  1. Consumers have a statutory 14-day right of withdrawal for contracts concluded away from business premises or at a distance. § 650l BGB applies to consumer construction contracts. Details are provided in the separate withdrawal information and model form supplied with the offer or contract. consumers only
  2. A consumer who wants work to begin before the withdrawal period ends must expressly request this in text form. If the consumer later withdraws, compensation is due for services provided up to withdrawal (§ 357(8) BGB). consumers only
  3. For services and works, the right of withdrawal expires under the statutory conditions, in particular after full performance where the consumer was properly informed and expressly consented to the early start. consumers only
  4. Business customers have no right of withdrawal. business customers only

§ 20 Data protection and references

  1. The Contractor processes personal data only under applicable law, in particular the GDPR and German Federal Data Protection Act, and only as necessary to perform the contract.
  2. Photos and videos of completed work are used for advertising or references only with the client’s separate prior consent. Consent may be withdrawn at any time for the future.

§ 21 Final provisions

  1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
  2. The place of performance is the Contractor’s registered office where legally permissible and unless otherwise agreed.
  3. Where the client is a merchant, public-law legal entity or special public-law fund, the exclusive place of jurisdiction is the Contractor’s registered office. The Contractor may also sue at the client’s general place of jurisdiction. business customers only
  4. VOB/B is not incorporated by these Terms and Conditions. It requires a separate express agreement and may then be agreed only as a whole and without substantive changes. business customers only
  5. Changes and additions to the contract require text form unless a stricter statutory form applies.
  6. If any provision is or becomes ineffective, the remaining provisions remain effective. The statutory provisions replace the ineffective provision.
  7. The Contractor is neither willing nor obliged to participate in consumer dispute-resolution proceedings.

This convenience translation reflects German version 3 dated July 2026. The German version replaces all earlier versions.