Delivery and maintaining terms

§1 Terms of performance (time of performance, place of performance, partial performance, delay)

1. Information on delivery and service dates is to be understood as non-binding, as long as they are not designated in writing and expressly as binding.
2. In any case, the customer must accept minor delivery period exceedances without being entitled to a claim for damages or a right of withdrawal.
3. We begin the execution of the service as soon as all contractual details have been clarified and the customer has fulfilled his obligations (including the advance payment). Necessary approvals of third parties, in particular the authorities or the energy supply companies, must be provided by the customer. Mandatory reports to authorities must be arranged at the customer's expense.
4. Insofar as the non-fulfilment of the obligation falls within the scope of the customer or is attributable to him, regardless of whether a fault can be attributed to him, we are free from the service and entitled to claim damages in the context of the advance payments made. For lost profit is to be replaced regardless of the degree of fault.
5. If the order is urgently carried out by its nature or if its immediate execution is desired by the customer, any additional costs incurred, such as overtime surcharges, costs of rapid material procurement and the like will be charged additionally.
6. In the event of default of payment by the customer from the contract, the delivery and service periods will be extended accordingly. The same applies to delays in services or Deliveries due to circumstances for which we are not responsible. A reasonable start-up time after the end of the obstacle must be taken into account.
7. The delivery and service periods are subject to timely and proper delivery by suppliers and manufacturers. If a binding delivery date cannot be met for reasons that cannot be attributed to our sphere, we will inform the customer immediately and announce a new expected date. If the newly agreed delivery date cannot be met, even though we have fulfilled all the requirements for a proper order and have fulfilled our delivery obligations, the customer will be informed immediately of the impossibility of providing the service. If we are not at fault for the unavailability of the goods, we are entitled to withdraw partially or completely from the contract in the course of this. Before that, we must notify our customer of the non-delivery - and, as far as permissible - offer the customer the possibility of assigning our claims against the supplier.
8. If the customer is in default of acceptance, if he fails to act with cooperation or if our delivery is delayed, for reasons for which the customer is responsible, we are entitled to store the goods with us, to charge a storage fee and compensation for the resulting damage. The storage fee begins on the day of the delivery period or the readiness for dispatch of the goods and amounts to 10 EUR per calendar day. As a flat-rate compensation, an amount of 50 EUR will be charged for processing costs. The lump sums are to be counted against more far-reaching proven claims. The customer is allowed to provide proof that this has caused us no or only less damage than the assessment of the lump sum.
9. If there is an agreed change or addition to the services subsequently, the delivery and service period is extended by a reasonable period of time.
10. Reminders and deadlines by the customer must be made in writing to be effective. A grace period must be appropriate. A period of less than two weeks is only appropriate in case of extreme urgency.
11. If a postponement of delivery and service dates is agreed upon customer request, the remuneration must nevertheless be paid at the time of payment originally due. Such a shift is tied to the script. The regulations according to (8) are applied accordingly.
12. Compliance with agreed delivery dates is assumed if the goods were handed over to the transport person on this delivery date or if we were ready for shipment and this was also communicated to the customer.
13. Partial deliveries and partial services can be provided by us, provided that the partial fulfillment of interest to the customer, a delivery of the remaining ordered goods is secured and the customer does not incur any considerable additional effort.
14. If a partial delivery is to be made at the request of the customer, we are entitled to charge any additional costs (such as transport costs).
15. The place of performance for all obligations arising from the contractual relationship is the registered office of the company (3943 Schrems, Industriestraße 10, unless another place of performance is specified.

§2 Shipping, risk transfer, insurance

1. The customer bears the costs for the professional and commercial packaging of the service.
2. As soon as the delivery leaves our factory or warehouse, the risk of accidental loss and accidental deterioration of the goods passes to the freight forwarder, carrier or other third parties intended to carry out the shipment to the customer. This also applies to partial deliveries, deliveries for supplementary performance and all other services.
3. If the customer causes a delay in the shipment or the handover of the goods, the risk passes to the customer from the day on which the delivery items are ready for dispatch and Go-Green-Solar.com has notified the customer of this.
4. In cases where the customer does not take care of the transport himself, we make the selection of the shipping method, the carrier and the transport route if no written instructions from the customer are given. We are only liable for this selection in the event of intent and gross negligence.
5. At the request and expense of the customer, the goods can also be shipped to another destination. The risk is based here on §7 (2).
6. Unless otherwise agreed, freight insurance will be taken out for the customer and on his account.

§3 Retention of title

1. We reserve ownership of all delivered and already assembled goods until receipt of all costs and expenses resulting from the contractual relationship with the customer.
2. A resale is only permitted if it was announced to us in good time before the sale, circling the name or company and the exact address of the buyer and we agree to it. In the event of approval, the purchase price claim is deemed to have been assigned to us and we are entitled to inform the third-party debtor of this assignment at any time. If there is a majority of claims on our part, payments by the guilty customer are primarily attributed to those of our claims that are not (anymore) secured by a retention of title or other means of security.
3. In the event of default by the customer, we are entitled to assert our rights under the retention of title. It is agreed that the assertion of the retention of title does not constitute a withdrawal from the contract, unless we expressly declare the withdrawal.
4. Before full payment of the secured claim, the goods subject to retention of title may neither be pledged to third parties nor handed over for security. In the event of access by unauthorized third parties to our goods or in the event of an application for the opening of insolvency proceedings, the customer must inform us immediately.
5. If the customer acts in breach of contract, for example through non-payment of the due purchase price or if we become aware of circumstances in accordance with §4 (11), we are entitled according to the legal regulations to withdraw from the contract and to assert our rights from the retention of title. A request for surrender does not automatically imply a withdrawal from the contract, this is only given if we expressly declare it. The assertion of these rights in the event of the customer's due and unpaid purchase price debt takes place only after unsuccessful use of a reasonable grace period for the payment of the purchase price.
6. As long as the customer is not in default of payment or an application for the opening of insolvency proceedings has been submitted, the goods placed in reserve by us may be further processed or sold in the ordinary course of business. In this regard, the following provisions apply:
   a) The retention of title extends to products resulting from the mixing, mixing, re-embossing or processing of our goods. In the event of mixing, mixing, re-formation or processing with third-party goods whose right of ownership remains in place, we acquire co-ownership in the proportion of the final invoice amounts (including VAT) of the mentioned goods. If the customer's goods justify the main thing, he must transfer a proportional co-ownership to us, provided that the main thing is his property. The customer undertakes to retain our (co-) property free of charge. For the resulting product, the regulations on the retention of title with regard to delivered goods must be applied mutatis mutandis.
7. b) In the event of a resale, even after further processing, the customer shall immediately assign all claims to us arising from the business relationship against third parties, limited to the amount of the final invoice amount (plus VAT) of our services. With regard to the assigned claims, the obligations of the customer from (2) apply.
8. c) As long as there is no delay in payment, the customer properly meets his payment obligations, there are no concerns about the performance of the customer and we do not exercise any rights from the retention of title from (3), we undertake not to collect the claim. The customer is entitled to collect the claims next to us. If one of the aforementioned conditions is met, we can demand that the customer informs us of the assigned claims and their debtors, transmits all necessary information and related documents and informs the debtors (third parties) of the assignment.
9. If an advance payment has been agreed with the customer and this has been paid in full, the provisions of §6 (1)-(4) are not applicable. If the advance payment or Deposit, the ownership is already transferred at the time of handover to the customer to the extent of the advance payment made.

§4 General obligations of the customer, notification of defects

1. The customer is obliged to comply with his inspection and complaint obligations in accordance with §377 UGB in order to be able to assert claims for defects. Accordingly, our service is immediately after delivery or Provision in accordance with the company regulations to be examined for defects by expert personnel. Open and obvious defects must be reported in writing within seven working days of delivery, stating exactly the nature and extent of the error. For defects not recognizable during the examination, a period of seven working days from discovery is also granted. The information of the errors must also be made in writing.
2. If a notification of defect is not filed or not filed in time, the goods are considered approved. The assertion of warranty or damages claims, as well as the right to challenge errors due to defects, are excluded in these cases.
3. The transferee of the goods must always prove that the defect was already present at the time of handover.
4. For a proper and timely processing of the service owed by us, we depend on a comprehensive assistance of the customer. The customer undertakes to provide detailed and timely information in order to be able to ensure the execution of services in accordance with the contract.

§5 Material defects, warranty

1. The nature of our service results exclusively from our information and the manufacturer's product description. Advertised properties from advertising or publicly made statements by the manufacturer or third parties are not to be regarded as characteristics. The customer does not receive guarantees in the legal sense from us. Insofar as no further has been agreed, our services have the quality that is suitable for normal use according to the state of the art. An insignificant deviation from the quality is not taken into account.
2. The warranty is excluded if
   a) the customer does not properly store, install, use or put our products into operation.
   b) there is natural wear and tear.
   c) improper maintenance has been carried out.
   d) unsuitable equipment has been used.
   e) damage to our product due to repairs or other work of third parties that we have not expressly approved.
   f) it concerns the delivery of used items.
3. The burden of proof of the absence of the aforementioned grounds for exclusion is borne by the customer. Furthermore, it is assumed that the customer has complied with his complaint and inspection obligations according to §9 (1) in a timely and proper manner and has complained in writing of hidden and not obvious defects immediately after its discovery.
4. Apart from those cases in which by law, the right to conversion is entitled, we reserve the right to comply with the warranty claim at our discretion by improvement, exchange or price reduction.
5. In the event of a material defect, we can first choose whether we provide the supplementary performance by eliminating the defect or by delivering goods and services that do not show the defect. The performance of the supplementary performance is subject to the payment of the due purchase price by the customer. However, the customer is free to withhold a reasonable part of the purchase price in proportion to the defect. The customer must accept at least two attempts at improvement until the possibility of a price reduction or the withdrawal from the contract is open to him. The delivery of an equivalent product version, which is free of defects, is to be accepted by the customer as a valid attempt at improvement if reasonable.
6. In the case of a replacement delivery, the customer must return the defective goods to us within the framework of the statutory provisions. A return in the process of subsequent performance is only permitted with prior written consent.
7. Recourse claims according to §933b ABGB are excluded. Statutory warranty rights remain unaffected.

§6 Return conditions

1. The cancellation or return of already purchased goods is only a courtesy of Go-Green- Solar.com and is only permitted with our prior consent. In this case, we allow ourselves to charge a restocking fee or cancellation fee of 20% of the value of the goods or at least EUR 100.00. The goods must be in their original packaging and in perfect condition. The customer has to organize the return shipment. If an individualization of the products is carried out on behalf of the customer, a return or cancellation is excluded.