Courtesy translation. Only the German version of these terms is legally binding.
NIRU Energy GmbH, Im Osterhoff 13, 32457 Porta Westfalica, Germany – Local Court (Amtsgericht) Bad Oeynhausen, HRB 20764 – Email: info@niruenergy.com – Telephone: +49 1517 5070630 – VAT ID: DE460353284
§ 1 Scope
These terms apply to all contracts between NIRU Energy GmbH (“NIRU”) and consumers for the supply and installation of photovoltaic systems, battery storage, wallboxes and related accessories.
A consumer is any natural person who concludes a transaction for purposes that are predominantly attributable neither to their commercial nor to their self-employed professional activity (§ 13 German Civil Code, BGB).
Conflicting terms of the customer apply only if NIRU has agreed to them in writing.
§ 2 Conclusion of contract
The presentation on the website and online quotations are non-binding. The customer may request a non-binding quotation via the inquiry form.
The contract is concluded when the customer signs or accepts in text form NIRU’s written quotation and NIRU confirms the order in text form, or when NIRU begins performance.
The contract text (quotation, order confirmation, these terms, information on the right of withdrawal) is sent to the customer in text form. NIRU stores the contract text. The contract language is German.
§ 3 Scope of services
The type and scope of the services follow from the quotation. As agreed, they include: delivery of the components, installation on the roof, electrical installation connected with the system, commissioning and instruction.
Registration with the grid operator and in the Marktstammdatenregister takes place only if expressly stated in the quotation; the customer provides the necessary information and powers of attorney.
Technical changes that are reasonable for the customer and do not impair function (e.g. an equivalent module or inverter type) are reserved.
Yield figures and savings forecasts are non-binding estimates. The actual yield depends, among other things, on weather, location, orientation, shading and consumption behaviour.
§ 4 Prices
The prices stated in the quotation apply. They are final prices. For the supply and installation of photovoltaic systems on or near private dwellings, 0 % VAT is charged if the requirements of § 12 (3) of the German VAT Act (UStG) are met; otherwise the statutory tax rate applies and the quotation states it.
Additional services that the customer requests later or that become necessary due to circumstances not disclosed by the customer (e.g. condition of the roof, meter cabinet) are offered and charged separately.
§ 5 Payment
40 % of the price upon conclusion of the contract (procurement of materials), 50 % upon delivery of the main components or start of installation, 10 % after commissioning. A different payment plan in the quotation takes precedence.
Invoices are payable within 7 days without deduction. After this period expires, the customer is in default without a reminder being required, provided the customer was informed of the consequences.
The customer may set off only undisputed claims or claims established by a final court decision. A right of retention exists only for claims arising from the same contractual relationship.
§ 6 Performance, deadlines, customer cooperation
Deadlines are binding only if NIRU has confirmed them as binding in text form. Non-binding deadlines are guide values.
The customer ensures in good time free access to the roof, meter cabinet and installation locations, power and water connections on site, and the structural suitability of the roof, insofar as the customer is responsible for these.
Delays for which NIRU is not responsible (weather, supply shortages at the manufacturer despite timely ordering, actions of the grid operator, lack of customer cooperation) extend the deadlines appropriately. NIRU informs the customer without delay.
Partial performance is permitted if reasonable for the customer.
§ 7 Retention of title, passing of risk
Until full payment, the delivered goods remain the property of NIRU. If they are permanently attached to the building, NIRU remains entitled, after withdrawal from the contract due to default in payment, to dismantle them at the customer’s expense; the customer grants access for this purpose.
Risk passes to the customer upon handover or acceptance.
§ 8 Acceptance
After completion and commissioning, NIRU requests the customer to accept the work. The customer may not refuse acceptance because of insignificant defects. Acceptance is also deemed to have occurred if the customer uses the system for more than 12 working days after completion without notifying defects and was informed of this consequence.
§ 9 Warranty and manufacturer guarantees
Statutory warranty rights apply. The limitation period is governed by law.
Manufacturer guarantees (e.g. 10 years on inverters and storage, where granted by the manufacturer) are additional voluntary benefits of the manufacturer. They do not affect statutory warranty rights. The customer receives the guarantee terms with the system documentation.
No warranty applies to defects resulting from improper interference, installation by third parties or unsuitable operating conditions.
§ 10 Liability
NIRU is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.
In cases of slight negligence, NIRU is liable only for breach of essential contractual obligations (obligations whose fulfilment makes the contract possible in the first place and on which the customer may rely), limited to the foreseeable damage typical for this type of contract, and at most to the order value.
In cases of slight negligence, there is no liability for lost profit or for lost feed-in tariff.
§ 11 Data protection
Personal data is processed in accordance with the privacy policy.
§ 12 Dispute resolution
NIRU is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 13 Withdrawal and termination by the customer
Withdrawal or termination by the customer after the withdrawal period has expired requires text form. The statutory right of termination under § 648 BGB remains unaffected.
If the customer terminates before installation begins, NIRU may claim a flat-rate compensation of 20 % of the agreed price, less saved expenses. Custom-made items or non-returnable components already ordered are charged separately. The customer remains free to prove that NIRU suffered no damage or a lower damage.
NIRU may withdraw from the contract if the customer does not make up for missing cooperation (§ 6) despite a deadline being set, or if instalments are not paid despite a reminder and a deadline being set. Services already rendered will be remunerated.
§ 14 Final provisions
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the customer has their habitual residence remain unaffected.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Bad Oeynhausen. For consumers, the statutory places of jurisdiction apply.
Should any provision be invalid, the contract otherwise remains valid. The law applies.
As of: 02.11.2026