General Terms and Conditions

These General Terms and Conditions apply to all contracts, deliveries and services of Leitl Automation, owner Dominik Leitl.

The terms are separated for business customers (B2B) and consumers (B2C). The decisive factor is whether the contractual partner acts as an entrepreneur pursuant to Section 14 of the German Civil Code (BGB) or as a consumer pursuant to Section 13 BGB.

Table of contents

General Terms and Conditions for Businesses (B2B)

1. Scope

These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of Section 14 BGB, legal entities under public law or special funds under public law.

Conflicting or deviating terms and conditions of the customer shall not be recognized unless their validity has been expressly agreed in writing.

2. Provider

Leitl Automation
Sole proprietorship
Owner: Dominik Leitl

Further information pursuant to Section 5 DDG can be found in the website imprint.

3. Subject matter of the contract

The subject matter of the contract includes services and work performance, in particular in the following areas:

• Electrical engineering
• Automation technology
• Control cabinet construction
• PLC programming
• Software and hardware services
• Maintenance, servicing and support
• Consulting and planning services
• Delivery of components and materials

The specific scope of services results from the respective offer, contract or order confirmation.

4. Conclusion of contract

Offers made by the provider are subject to change and non-binding.

A contract is concluded by:

• written or electronic order confirmation (text form, e.g. email),
• signing of a service or work contract, or
• commencement of service provision by the provider.

5. Customer's duties to cooperate

The customer is obliged to provide in due time, completely and free of charge all information, documents, data, access (physical and digital), approvals and suitable technical and organizational conditions required for the service provision.

Delays, additional work or extra costs resulting from insufficient or delayed cooperation by the customer shall be borne by the customer and invoiced according to the agreed or customary rates.

6. Prices and payment terms

All prices are in euros plus the applicable statutory value-added tax.

Unless otherwise agreed, invoices are due within 14 days of invoicing without deduction.

Travel, accommodation, expenses, material and third-party costs shall be charged separately according to actual expenditure unless expressly agreed as a fixed price.

Additional services not included in the original scope of services shall be charged separately according to actual expenditure, even if they become necessary to achieve the project objective.

In the event of late payment, the statutory default interest pursuant to Section 288 (2) BGB (9 percentage points above the base interest rate) as well as a flat-rate late fee of EUR 40 shall apply.

The customer is only entitled to set-off or retention rights if its counterclaims are legally established or undisputed.

7. Retention of title

Delivered goods shall remain the property of the provider until full payment of all claims arising from the business relationship has been made.

In the event of processing, combining or mixing the retained goods with other objects, the provider acquires co-ownership of the new item in proportion to the invoice value of the retained goods to the other objects.

8. Delivery and performance periods

Delivery and performance dates are only binding if they have been expressly agreed in writing as binding.

Events of force majeure, supply bottlenecks at upstream suppliers, unforeseen operational disruptions or other circumstances for which the provider is not responsible entitle the provider to extend delivery and performance periods appropriately.

9. Acceptance (for work services)

If acceptance is required by law or agreed contractually, the customer shall carry it out within two weeks of completion.

Minor defects do not entitle the customer to refuse acceptance. The service shall be deemed accepted if acceptance is not carried out on time or if the system is put into productive operation.

10. Software, programs and copyright

For individually created software, PLC programs, visualizations or configurations, the customer receives a simple, unlimited in time, non-transferable right of use for the contractually intended purpose.

The surrender of editable source codes or project files is only owed if this has been expressly agreed in text form.

The customer is solely responsible for proper data backup.

11. Special provisions for existing systems and third-party trades

For work on existing systems, especially those that were wholly or partly installed, modified or operated by third parties, services are provided solely on the basis of the condition ascertainable at the time of execution.

Liability for pre-existing defects, hidden damage or deviations from technical standards that could not be identified within the scope of the commissioned services is excluded.

No liability is assumed for services not performed by the provider itself, in particular roof installation, DC cabling, preliminary installation or other third-party trades.

No liability is assumed for changes, extensions or interventions by third parties after completion or during service provision.

The provider assumes no responsibility for decisions, requirements or specifications of grid operators, authorities or other third parties. Proper registration and approval remain – unless expressly commissioned – the responsibility of the customer.

Unless expressly agreed otherwise, the provider does not owe any specific economic or technical success, in particular no guarantee for feed-in tariffs, grid approvals, eligibility for subsidies or official permits.

12. Warranty

The warranty period is 12 months from delivery or acceptance. This does not apply to claims arising from injury to life, body or health.

Warranty claims require that the customer has properly fulfilled its obligations to inspect and notify defects pursuant to Section 377 of the German Commercial Code (HGB).

13. Liability

The provider shall be liable without limitation in cases of intent, gross negligence and in case of injury to life, body or health.

In cases of slight negligence, the provider shall only be liable in the event of breach of essential contractual obligations and limited to the foreseeable damage typical for the contract. Liability for indirect damages is excluded.

14. Confidentiality

Both contracting parties undertake to keep all confidential information confidential, even after termination of the contractual relationship.

15. Contract term and termination

Contracts of indefinite duration may be terminated with four weeks' notice to the end of the month. The right to extraordinary termination remains unaffected.

16. Final provisions

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Place of jurisdiction is the provider's registered office, insofar as legally permissible.

Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

General Terms and Conditions for Consumers (B2C)

1. Scope

These General Terms and Conditions apply to all contracts between Leitl Automation (sole proprietorship, owner: Dominik Leitl) – hereinafter “provider” – and consumers within the meaning of Section 13 BGB.

They apply in particular to electrical services, installations (e.g. photovoltaic systems), repairs, maintenance and related delivery and work services.

2. Conclusion of contract

A contract is concluded when the provider confirms the customer's offer in text form (e.g. by email) or begins performance of the service.

3. Prices and payment terms

• All prices are in euros including statutory VAT, unless expressly stated otherwise.
• Compensation results from the respective offer or contract.
• Unless otherwise agreed, invoices are due within 14 days from the invoice date without deduction.
• The provider is entitled to request advance payments for partial services already rendered or materials already ordered.
• Additional services outside the originally agreed scope will be charged separately according to actual expenditure.

4. Customer's duties to cooperate

The customer is obliged to create all prerequisites required for proper performance of the service, in particular:

• to provide access to the property, building and technical rooms
• to provide necessary connections (e.g. electricity)
• to obtain necessary permits in due time
• to keep agreed appointments

Delays or additional costs caused by missing or delayed cooperation by the customer shall be borne by the customer.

5. Delivery and execution dates

The type, scope and execution periods of the service result from the respective agreement. Dates and deadlines are only binding if they have been expressly promised. Unforeseeable events, in particular force majeure or delivery delays by upstream suppliers, entitle the provider to an appropriate extension of the deadlines.

6. Acceptance (for work services)

If acceptance is required by law, the customer shall carry it out without undue delay after completion of the service. Minor defects do not entitle the customer to refuse acceptance. The service shall be deemed accepted if the customer puts it into use or delays acceptance without justified reason.

7. Retention of title

Delivered goods and materials remain the property of the provider until full payment has been made.

8. Special provisions for existing systems and third-party trades

For work on existing systems, especially those that were wholly or partly installed, modified or operated by third parties, services are provided solely on the basis of the condition ascertainable at the time of execution.

The provider shall not be liable for pre-existing defects, hidden damage or deviations from technical standards if these were not recognizable within the scope of the commissioned services.

No liability is assumed for services of third parties, in particular roof installation, DC cabling, preliminary installation or other third-party trades.

No liability is assumed for changes, extensions or interventions by third parties after completion or during service provision.

The provider assumes no responsibility for decisions, requirements or specifications of grid operators, authorities or other third parties, unless their procurement is expressly part of the contract.

Unless expressly agreed otherwise, the provider does not owe any specific economic or technical success, in particular no guarantee for feed-in tariffs, grid approvals, eligibility for subsidies or official permits.

9. Warranty

The statutory warranty rights apply. For work services on buildings or on items that have been used for a building in accordance with their customary purpose, the statutory limitation periods apply.

10. Liability

• The provider is liable without limitation in cases of intent, gross negligence and injury to life, body or health.
• In cases of slight negligence, the provider is only liable for breach of essential contractual obligations and limited to the foreseeable damage typical of the contract.
• Mandatory statutory liability remains unaffected.

11. Right of withdrawal for consumers

Consumers have a statutory right of withdrawal for contracts concluded off-premises and for distance contracts.

Withdrawal policy

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform the provider (contact details see imprint) by means of a clear declaration (e.g. email or letter) of your decision. To meet the deadline, it is sufficient that you send the communication before the withdrawal period expires.

Consequences of withdrawal

If you withdraw from this contract, all payments you have made to the provider will be reimbursed without undue delay and at the latest within 14 days from the day on which the provider received notification of your withdrawal.

Compensation in case of premature start of performance

If you have expressly requested that the provider begin providing the service before the end of the withdrawal period, you shall, in the event of withdrawal, pay a reasonable amount corresponding to the proportion of the services already provided up to the time of withdrawal in relation to the total scope of the contractual services.

Material and procurement costs

If, at the customer's express request, the provider has ordered materials, components or systems (e.g. PV modules, inverters, mounting systems) before expiry of the withdrawal period that are specifically intended for the customer or cannot easily be returned, the customer shall reimburse the costs incurred in the event of withdrawal.

Expiry of the right of withdrawal

The right of withdrawal expires prematurely if the provider has fully performed the service and only began execution after the customer expressly agreed that the provider should begin performance before expiry of the withdrawal period and the customer confirmed awareness that the right of withdrawal is lost upon full performance of the contract.

12. Consumer dispute resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Final provisions

The law of the Federal Republic of Germany shall apply. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.