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Terms and Conditions

Article 1. Applicability

1.1 These General Terms and Conditions of Solar-Solution apply to all legal relations between Solar-Solution and its other party (referred to hereinafter as “Client”), including all orders, order confirmations and offers.

1.2 The provisions of these General Terms and Conditions may be deviated from only if expressly agreed in writing, in which case the remaining provisions of these Terms and Conditions shall remain in full force and effect.

1.3 If Customer also refers to its general terms and conditions, those terms and conditions never apply to the agreement between Solar-Solution and Customer

1.4 These general terms and conditions are offered to Customer before the agreement is concluded, in a way that it can view them and save them on a durable data carrier. Also, these terms and conditions are made available on Solar-Solution’s website for review and to save.

1.5 Solar-Solution reserves the right to modify or supplement these terms and conditions from time to time.

Article 2. Offers and formation of agreements

2.1 Offers or quotations are without obligation and should be regarded as an invitation to Customer to make an offer.

2.2 Offers are valid while supplies last.

2.3 An agreement is established between Solar-Solution and Customer when Customer places or requests an order with Solar-Solution and Customer receives an order confirmation from Solar-Solution of that order.

2.4 The order confirmation together with the general terms and conditions constitute the complete agreement between the parties (“Agreement”).

2.5 Balkon Solar is free to find out, within legal frameworks, whether Customer can meet its payment obligations, as well as facts and factors that are important for the responsible conclusion of an agreement. If Balcony Solar has good grounds not to enter into the agreement, it is entitled to refuse an order or attach special conditions to its execution, giving reasons.

2.6 Solar-Solution and Customer expressly agree that by using electronic forms of communication a valid agreement is established as soon as the conditions are met. The absence of an ordinary signature does not diminish the binding force of the offer and its acceptance.

2.8 All data, assumptions, estimates, yield calculations, payback periods, subsidy amounts and all other factors, if any, underlying the Customer’s decision to enter into an agreement, whether or not known to Solar-Solution, are at the Customer’s risk.

Article 3. Prices

3.1 All prices are, if not otherwise agreed, expressed in euros.

3.2 Customer owes the price communicated to it by Solar-Solution in its confirmation in accordance with Article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can be corrected by Solar-Solution even after the conclusion of the agreement.

3.3 Assembly, or installation work and provisions necessary for the products to function properly shall be at the expense of Customer.

3.4 In case of increases in cost price determining factors, including but not limited to purchase prices, wage, material and freight costs, social and governmental costs, insurance premiums and taxes as well as other costs, Solar-Solution has the right to change the prices it charges to the Customer. An increase in prices, charges, costs, premiums and taxes, among others, may therefore be passed on to Customer.

3.5 Delivery charges are not included in the price. Special rates apply for delivery outside the Netherlands.

Article 4. Payment

4.1 Upon shipment of the products, Solar-Solution shall send the Customer the corresponding invoice for these products. The relevant invoice shall be paid within fourteen (14) days in a manner designated by Solar-Solution, unless otherwise agreed in writing. The payment period of fourteen (14) days is a deadline. Solar-Solution is free at any time to require payment of an advance or full payment of the order prior to shipment of the products.

4.2 Payment shall be made in Euros, unless otherwise agreed in writing by the parties. Settlement, discount, deduction or suspension of payment obligations (on any account) from Customer to Solar-Solution is not permitted.

4.3 In case of late payment of any amount owed by Customer under the Agreement, Customer shall automatically be in default without notice of default being required. Client shall then immediately owe interest in the amount of 1.5% per (part of the) month with a minimum of the legal interest per year as referred to in Article 6:119a of the Civil Code, without prejudice to Solar-Solution’s right to claim damages and/or dissolution of the contract. In addition, in the event of non-timely payment of any amount owed by the Customer under the Agreement, Solar-Solution has the right to require adequate security from the Customer in the amount of at least the outstanding amount for its payment obligations. Upon Solar-Solution’s first request for security, Customer shall provide the security as soon as possible and in any case within two (2) weeks.

4.4 The Customer shall also bear all (extra-)judicial collection costs of any kind incurred by Solar-Solution as a result of the Customer’s failure to fulfill its (payment) obligations. The extrajudicial collection costs owed by Customer shall be at least 15% of the amount due and never more than the maximum collection costs allowed. Delivery of products and/or services may be suspended until payment of the invoice price.

Article 5. Delivery

5.1 Solar-Solution will proceed to deliver ordered goods after full payment has been received, unless expressly agreed otherwise. Delivery takes place at the address provided by the Customer to Solar-Solution.

5.2 The agreed delivery time is never a deadline, it depends, among other things, on Customer’s payment. In the event of late delivery, the Client must give Solar-Solution written notice of default, granting Solar-Solution a reasonable period to still fulfill its obligations.

5.3 Once the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to Customer. For deliveries collected by Customer, the risk, where these products are concerned, passes to Customer at the time of transfer

5.4 Solar-Solution has the right to deliver sold products in parts. If the products are delivered in parts, Solar-Solution is entitled to invoice each part separately.

5.5 The Customer is obliged to take delivery of the purchased products at the time they are offered to the Customer by Solar-Solution. This occurs as soon as Solar-Solution has indicated to the Customer that the products can be picked up or delivered. If Customer refuses to take delivery or is negligent in providing information or instructions necessary for delivery, the products will be stored for up to two (2) weeks at Customer’s expense and risk.

5.6 If the Customer has not taken delivery of the products within the period referred to in Article 5.5, or if the Customer indicates that he/she will not take delivery of the products (for whatever reason), Solar-Solution’s obligation to deliver lapses. The invoice value remains due and payable by Customer.

Article 6. Retention of title

6.1 Products delivered by Solar-Solution remain the property of Solar-Solution until the Customer has paid the purchase price in full. Products delivered by Solar-Solution, to which this retention of title applies, may only be resold or used in the context of normal business operations. As long as the retention of title is in effect, Customer may not pledge the products in question or establish any other right to them.

Article 7. Liability

7.1 If Solar-Solution would be liable under the contract due to, for example, failure to fulfill its obligations under the contract, tort or for other reasons, Solar-Solution’s liability is limited as provided in this article. Customer waives any reliance on Solar-Solution’s liability beyond as provided in this article. The parties declare and agree that the restrictions mentioned in Article 7 are common in this industry.

7.2 Solar-Solution can only be held liable for substitute compensation, i.e. compensation for an item or service not delivered. Solar-Solution shall not be liable for non-conformity or any other form of damages other than replacement damages, including:

  • indirect damages;
  • consequential damages
  • damages due to loss of income;
  • Damage caused by delays;
  • damages caused by Customer’s provision of insufficient cooperation, information and materials;
  • damage caused by information or advice provided by Solar-Solution;
  • damage caused by products that infringe on intellectual property rights.

7.3 The liability for defects is limited to the agreed, the actual amount invoiced to Customer and paid by Customer.

7.4 The Customer’s right to compensation only arises after the Customer has notified Solar-Solution in writing of the damage in accordance with the provisions of these terms and conditions, as soon as possible within a reasonable period of time. This notice shall include at least the occurrence of the damage, the expected extent of the damage, the expected cause of the damage, and further information and substantiation.

7.5 All claims for damages shall expire after the expiration of one (1) year from the event that caused the damage, unless steps are taken before the end of that period to recover the claims in court.

7.6 The Customer is obliged to indemnify Solar-Solution for any claims by third parties against Solar-Solution regarding the execution of the contract, insofar as the law does not prevent the relevant damages and costs from being borne by the Customer.

7.7 Only to the extent that Solar-Solution itself as a purchaser of the relevant products is entitled to certain warranties, indemnities or other obligations with respect to those products to Solar-Solution’s supplier and these may pass to the Customer, Solar-Solution shall use commercially reasonable efforts to assist the Customer in claiming any warranties, indemnities or other claims against the suppliers, to the extent Solar-Solution deems appropriate.

Article 8. Defects

8.1 It is the Customer’s responsibility to examine the delivered products upon delivery. In doing so, Customer must verify that the delivered item meets the agreement, namely:

  • Whether the correct products were delivered;
  • Whether the products delivered match the order confirmation and packing slip in terms of type and quantity;
  • Whether there is visible (transportation) damage, and;
  • Whether the products delivered meet the requirements that may be demanded for normal use.

8.2 If visible defects are found, the Customer must immediately note them on the transport document and notify Solar-Solution.

8.3 If non-visible defects are found, the Customer must notify Solar-Solution within five (5) working days, or after they can reasonably be determined. This notice must include a written explanation with billing information.

8.4 In the event that Solar-Solution considers the notification well-founded, i.e. considers that there is a defect, Solar-Solution is only obliged to repair, replace, credit or offer another solution that Solar-Solution considers appropriate, without the Customer being able to claim any compensation in addition.

8.5 Customer does not have the rights provided by law for consumers acting for purposes outside their business or professional activities. Customer waives these rights that are named in Book 7 of the Civil Code, among others.

8.6 Examples, samples or models shown or provided are for illustrative purposes only. The products to be transferred need not correspond to these examples, samples or models.

8.7 Solar-Solution is under no obligation to supply products that have been removed from production or from the sales program of Solar-Solution or its suppliers.

8.8 Customer must communicate complaints about invoices to Solar-Solution in writing and within eight (8) days of the invoice date.

8.9 If Customer fails to report defects or complaints within the specified time periods, any subsequent complaint shall be disregarded and Customer’s rights with respect to the defect or complaint shall expire.

8.10 Any claims or arguments based on facts that would justify the view that the delivered products do not comply with the agreement shall expire after the expiration of one (1) year from delivery.

Article 9. Guarantees

9.1 Solar-Solution does not provide product warranties, warranties are only provided by manufacturers of the products. If there are certain warranties, indemnities or other obligations with respect to the Product to Solar-Solution’s supplier and these may pass to Customer, Solar-Solution shall, to the extent it deems desirable and reasonable, use commercially reasonable efforts to assist Customer in claiming warranties, indemnities or other rights against suppliers or manufacturers.

9.2 If a supplier or manufacturer falls into a state of bankruptcy or in the event of a shutdown or liquidation of its business, Solar-Solution will not be able to assist Customer in claiming any warranties, indemnities or other rights against that supplier or manufacturer.

Article 10. Dissolution of the agreement

10.1 Solar-Solution reserves the right, after notice of default by written declaration, without judicial intervention and without any obligation to pay damages, to rescind the contract in whole or in part, without prejudice to all other rights to which it is legally or contractually entitled in the following cases:

  • Client fails to fulfill any of its obligations to Solar-Solution in a timely or proper manner;
  • solar-Solution has reasonable suspicion of liquidity problems at Customer;
  • customer is declared bankrupt or
  • Customer’s assets are seized in whole or in part

10.2 If the Agreement terminates pursuant to Article 10.1, all claims that Solar-Solution has on the Customer are immediately due and payable in full.

Article 11. Force majeure

11.1 In the event of force majeure, Solar-Solution is not obliged to fulfill its obligations to the Client, respectively the obligation is suspended for the duration of the force majeure.

11.2 Force majeure means, circumstances that prevent or impede the fulfillment of the agreement in whole or in part and which are not attributable to Solar-Solution. This shall include, if and to the extent that these circumstances make fulfillment impossible or unreasonably difficult: theft, war or a similar situation, disturbance, epidemic, strikes at Solar-Solution’s or other companies’ facilities, a general lack of products or services required to achieve the agreed performance, unforeseeable stagnation at suppliers or other third parties on which Solar-Solution depends, general transport problems, fire and government measures including import and export bans, restrictions and sanctions.

11.3 If the force majeure lasts longer than six (6) months, both parties are entitled to dissolve the agreement. Solar-Solution is not liable for any damages in that case.

Article 12. Intellectual property

12.1 All rights regarding intellectual property on delivered products belong to Solar-Solution, insofar as those rights do not also belong to the supplier.

12.2 Intellectual property means, among other things, the agreement, the offer, designs, manuals, documentation, displayed information, announcements, other expressions relating to the products and whether or not patentable technical and commercial knowledge, methods and concepts.

12.3 The Client is prohibited from using, including making changes, the intellectual property rights as described in this article, such as reproduction, without express prior written permission from Solar-Solution, its suppliers or other claimants, unless it is purely for private use in relation to the product itself.

Article 13. Applicable law

13.1 All legal relations between Solar-Solution and Client are governed exclusively by Dutch law.

Article 14. Personal data

14.1 Solar-Solution will only process Customer’s data in accordance with its privacy policy.

14.2 Solar-Solution observes the applicable data protection regulations and laws.

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