Photovoltaics – Contract advice for companies and tradespeople
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Lawyers for photovoltaic law: Contract advice for companies and tradespeople
Are you an entrepreneur or business owner looking to install a photovoltaic system? Numerous legal aspects must be considered when planning, installing, and operating photovoltaic systems.
The legal framework for photovoltaic systems is complex and encompasses both energy law and contract law. It is crucial for companies to make legally sound decisions early in the planning phase.
This also includes the examination of liability risks, warranty claims, general terms and conditions and legally secure regulations on feed-in tariffs under the Renewable Energy Sources Act (EEG).
Our specialized lawyers for photovoltaic law offer you comprehensive advice and support on all contractual issues.
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3Designing legally secure contract types for photovoltaic systems
When purchasing and installing a photovoltaic system, the correct legal classification of the contracts and a clear definition of the rights and obligations of both parties are crucial. In many cases, the acquisition of such a system can be structured as either a purchase contract or a work contract. This depends on the specific circumstances of the purchase, delivery, and installation. Commercial customers are subject to different legal regulations than consumers.
Typically, two separate contracts are concluded: a purchase agreement governing the acquisition and delivery of the system, and a work contract for installation and commissioning. However, it is also possible to bundle all these elements into a single contract. In such a "complete package," the legal classification is primarily determined by the main service, which in most cases is the purchase of the system.
Our specialized attorneys in the field of photovoltaic law are at your side to draft legally secure contracts, minimize risks, and protect your investment. Contact us for a comprehensive initial consultation and secure legal expertise tailored specifically to your needs.
Your rights in the event of defects in photovoltaic systems for companies and tradespeople
If defects occur in a photovoltaic system, the legal claims vary considerably depending on the type of contract. If a defect occurs at the time of handover, buyers under a purchase contract have the right to remedy the defect or receive a replacement. Under a work contract, however, the decision whether to repair or replace the system rests with the contractor.
If significant defects are present, buyers may, under certain conditions, withdraw from the contract or demand a reduction in the purchase price. This is provided that a reasonable deadline for subsequent performance has been set and this deadline has expired without success, without any statutory grounds for exclusion.
Claims for damages in the event of a defective photovoltaic system:
- Large damages: Return of the system and full refund of the purchase price including any consequential damages.
- Small compensation: Reimbursement of the difference between the value of the defect-free and the defective system as well as possible consequential damages.
Guarantees for photovoltaic systems: In addition to the statutory warranty, some providers offer voluntary guarantees, such as performance guarantees. The specific terms and conditions of these guarantees are set out in the respective warranty statements.
No right of withdrawal for entrepreneurs: Entrepreneurs and tradespeople generally have no statutory right of withdrawal. It is therefore essential to conduct a legal review before concluding a contract to avoid long-term risks and fully understand the terms and conditions.
Right of withdrawal from photovoltaic contracts: What companies need to know
Withdrawal from the contract for the purchase and installation of a photovoltaic system is possible under certain conditions. These include failure by the installation company to meet the completion deadline, the presence of defects that are not remedied within a reasonable period of time despite a request to do so, and incorrect yield forecasts that do not correctly take into account important factors such as roof pitch.
In the event of withdrawal, both the installation company and the buyer are obligated to return any services received up to that point. The installation company must refund the purchase price to the buyer, and the buyer must return the photovoltaic system. Furthermore, all outstanding services automatically expire upon withdrawal.
Under certain circumstances, the installation company will cover the costs of dismantling the system. If the system exhibits problems due to an incorrect yield forecast, an installation that is not completed despite a reminder, or a defective installation that is the fault of the installation company, the installation company will cover the costs of dismantling.
Unless another place of performance has been agreed, the installation company is obliged to collect the system from the original installation location in order to properly process the return.
Termination of a photovoltaic work contract – possible at any time?
According to Section 648 of the German Civil Code (BGB), the client, such as a company, has the right to terminate a work contract at any time. However, this option comes with certain legal consequences. The contractor, in this case the installation company, retains the right to the contractually agreed remuneration despite the termination. This applies even if no services have been provided by the time of termination.
However, when calculating the compensation claim, the installation company must deduct certain amounts. These include saved expenses, such as unused material costs, as well as income from alternative use of labor or other employment opportunities. Even maliciously omitted savings must be taken into account.
According to Section 648, Sentence 3 of the German Civil Code (BGB), it is legally presumed that the contractor can demand at least 5% of the agreed remuneration as a minimum compensation despite termination. However, if the installer can prove that his actual savings are lower, he has the option of claiming higher compensation. This ensures that the installation company does not remain completely uncompensated, even if the contract is terminated prematurely.
Designing legally compliant general terms and conditions in the B2B sector for photovoltaic systems
In business-to-business transactions (B2B), the requirements for including general terms and conditions (GTC) are less strict than in consumer transactions (B2C), as both parties are essentially on an equal footing and the law therefore provides fewer protective provisions. Incorporating GTC in B2B requires only a simple reference, for example, on the website or in the offer, and the GTC must be accessible to the contractual partner, for example, as a download from the company website. Explicit consent is not necessary, as in B2B, silence in response to a reference can be considered consent.
Despite the simplified inclusion requirements, it is important to refer to the general terms and conditions again with each new contract, as a one-time inclusion is not sufficient for future contracts. Invalid general terms and conditions clauses in the B2B sector, such as non-transparent or surprising clauses, exclusions of liability for intent or gross negligence, and clauses that contradict mandatory law, can lead to warnings or contract invalidity.
If both parties incorporate their own terms and conditions into the contract, contradictions may arise. In such cases, only the validly included clauses remain in effect. If the contradiction cannot be resolved, the statutory provisions of the German Civil Code (BGB) apply. Especially for photovoltaic projects, standard terms and conditions generators or standard templates are often unsuitable because they are not tailored to the specific requirements of energy law and contract law. Individually drafted terms and conditions can offer tailored solutions for purchase, lease, or maintenance contracts and help hedge against legal risks and provide protection against cease-and-desist letters and invalid clauses.
Energy law obligations when operating photovoltaic systems: Choice of operator model for companies and businesses
When operating photovoltaic systems, companies and businesses can choose between various operating models, which differ particularly in terms of self-consumption. In the self-consumption model, the operator uses the self-generated solar power directly on-site, eliminating grid fees, taxes, and other charges. The directly generated electricity is fed into the company's own operations, with surplus electricity either fed into the public grid or sold to third parties. Even without ownership of the system, self-consumption is possible by renting or leasing the photovoltaic system.
If the generated electricity cannot be consumed by the building owner, alternative models are available, such as full feed-in, in which all produced electricity is fed into the grid and the operator receives financial support under the Renewable Energy Sources Act (EEG). The tenant electricity model allows the electricity to be sold directly to tenants or building users, eliminating grid fees and charges. Another option is communal building supply, which works similarly but does not entitle the building owner to the tenant electricity surcharge.
Contracting models can also be used to support this, whereby a service provider takes over the planning, installation, and operation of the system, while the owner receives guaranteed compensation, for example, through a power supply contract. An alternative option, particularly for commercial buildings with low power requirements or rented buildings without personal use, is to lease the roof space to a third party who operates the system.
With regard to energy industry obligations, several regulatory requirements must be observed under the 2024 Solar Package I: The system must be registered in the market master data register, meet technical requirements according to the Renewable Energy Sources Act (EEG), and report its operation and the amount of electricity generated to the grid operator. A direct marketing agreement may also be required for electricity feed-in, and registration as an electricity supplier with the main customs office is mandatory.
Liability and legal forms for commercial photovoltaic systems
Companies that choose to operate their commercial photovoltaic systems as a GmbH (limited liability company) or UG (limited liability company) benefit from the limited liability structure of these corporate forms. The liability of the shareholders is limited to the company's assets, which generally protects the shareholders' private assets. These legal forms thus minimize the financial risk when investing in photovoltaic projects.
In contrast, partnerships such as limited partnerships (KG) or general partnerships (OHG) have different liability structures. In an OHG, all partners are liable without limitation with their private assets, whereas in a KG, the general partners also have unlimited liability, but the limited partners are liable only up to the amount of their capital contribution. This increased liability risk makes careful contract review and the protection of legally sound photovoltaic contracts particularly important.
The choice of legal form is crucial for several reasons. It not only influences liability issues, but also impacts the tax treatment of the photovoltaic system, the available financing options and the company's creditworthiness, as well as the contractual arrangements with installers and energy suppliers.
Minimize your liability risk and benefit from legally secure contract drafting – contact us for an initial consultation! Our photovoltaic law attorneys are happy to assist you!
Lawyers for photovoltaic law – Legal advice for companies and tradespeople
Our specialized photovoltaic law attorneys offer comprehensive legal advice to companies and businesses that operate or plan to build photovoltaic systems. We guarantee legal clarity and financial security in all aspects of photovoltaic law. Our expertise includes careful contract drafting, protection against liability risks, and the enforcement of your claims.
Services in the field of photovoltaic law:
- Contract design: We review and draft purchase, lease, and maintenance contracts for photovoltaic systems to protect your interests.
- Feed-in tariff: We provide you with legal support in enforcing outstanding payments and monitor deadlines to secure your financial claims.
- Liability and legal forms: Our advice includes choosing the appropriate legal form, such as GmbH or UG, in order to minimize liability risks.
- Terms and conditions check: We create and review your B2B general terms and conditions to ensure compliance and minimize risks.
- Energy law obligations: We help you ensure compliance with legal requirements such as the Market Data Register, EEG and EnWG.
Legal protection is particularly important when purchasing or leasing photovoltaic systems, in the event of defects in the system or incorrect yield forecasts, if the grid operator does not pay the feed-in tariff, or when drawing up contracts with installation companies and in tenant electricity models.
Rely on legal clarity for your commercial photovoltaic system. Our photovoltaic law attorneys are at your side to protect your rights and effectively minimize liability risks.
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