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GTC
Terms and Conditions
Fuse
Liens, Real Estate Mortgage, Payment Guarantee, Bail (Forint or Foreign Currency) or Government Bill, a guarantee or a payment guarantee undertaken by a financial institution or insurer, or a comprehensive deposit issued by an insurance contract, a credit institution, warranty, instant collection order for user's bank account, pre -payment
Charge
Equipment Post and Services Fee Together
Reduction
Modify the fee with a unilateral legal declaration
Civil Code.
Act V of 2013 on the Civil Code
Ready -made report
SERMANN sends it to the competent distributor licensee in accordance with the form published by the distributor licensee to carry out the implementation of the installed equipment in accordance with the data provided in the claim, the building light documentation, in accordance with the legislation and applicable regulations.
Supplementary work
The work that is ordered in particular, especially due to plan amendment, if its completion does not make the task of Szermann disproportionately pregnant
Contract
A solar -size small power plant contract for the construction/ installation of a solar size household size of the solar panel (parties)
Service
Services indicated in paragraph 3 of this GTC
Installation location
Contract is a real estate defined by the customer's exact address (in the absence of a topographical number)
Client
A natural or legal person who concludes a contract for the installation of a small household power plant with Szermann as an entrepreneur.
Sow.
LXXXVI of 2007 on Electricity law
Force majeure
Circumstances on which the party is unable to have an impact unless the latter have been aroused on the side of the breach
Introductory provisions
This GTC has taken all public measures, the Contractor has taken all the expected measures to allow the Customer to know the GTC before concluding a contract for individual order.
SERMANN informs the Customer that the claimant to be submitted to the regionally competent distributor licensee and the subject of the network usage agreement must consider unanimously the power of attach
The object of the contract
Subject of the Treaty The subject of the contract is Article 3.1 of this GTC. ("CONTRACT" ("Subject of the Contract") for installing the customer's installation location, including the installation and networking of the equipment, including the installation and network of the equipment. The client receives this equipment and service performance and pays a fee to Szermann.
The equipment and services
The equipment includes the solar panel (s), the support structure required for their location, and the technical equipment (eg inverter) and other materials required for the installation and network of the equipment. The detailed data and technical content of the equipment and other necessary materials shall be determined by the parties in the contract.
According to the contract, Szermann provides the following services (together with "services") to customer:
Planning
To build a holding structure required to place the equipment in the installation location indicated by the customer
To install and install the equipment in the installation location indicated by customer
Build the connection of the equipment customer side network.
Customer's obligations and rights
The client has examined or examined the installation site and declares that its static conditions are suitable for installation of the equipment. Customer is obliged to inform Szermann that there is any circumstances that may affect the installation of the equipment. If the customer makes a false statement or misrepresenting the Sermann, the compensation for the resulting damage shall be subject to a client.
The customer is obliged to pay the fee for equipment and services as specified in the contract. In the case of late payment, the Sermann is entitled to charge the Customer's interest rate defined in the Civil Code.
The transfer and transfer of the built-in equipment and the services carried out ("handover") will take place at the time predefined by Sermann and agreed with the client. The Parties stipulate that the customer is not entitled to refuse to perform with reference to minor importance that does not obstruct the intended constant and prescribed operation and otherwise complies with this GTC and the contract.
The customer is required to take over the equipment, provided that the SERMANN (or its subcontractor included in the performance) shall transfer the technical data sheet of the equipment, other documents related to the operation, installation of the equipment and, if necessary, all certificates of technical compliance. Some parts of the equipment may be transferred independently, but the customer shall declare to the Sermann only after the transfer of the entire contracted equipment.
The Customer shall be required to provide the SERMANN immediately to obtain any necessary data in order to obtain permits necessary to fulfill the subject matter of the contract and support him in other ways (eg by making legal declarations) during the execution of the contract.
By signing the contract, the Customer declares that the documents handed over before the conclusion of the contract are in line with the reality.
In accordance with the regulations of the spatially competent distributor licensee, the client is required to create the technical conditions necessary for the continuous operation of the equipment, to establish the appropriate internal network and to carry out the necessary maintenance work at the installation location. If this is defined, the Sermann explicitly excludes its responsibility for failure of equipment and the failure of their operation.
Sermann's obligations and rights
Installation of the equipment.
To perform services.
SERMANN (or the subcontractor involved in the performance) must act on behalf of a customer (and/or owner of the installation site) to obtain the permits or approvals required to fulfill the equipment and services. SERMANN is not responsible for the delay in issuing such permits or approvals if the circumstances outside it are justified. In this case, the delay automatically extends any deadline after the delay occurs.
Sermann is required to cooperate with the client and at all times in accordance with the requirement of professional care.
SERMANN is required to provide all the goods, materials and equipment needed for work, and all other things, be it temporary or permanent. After transporting the work equipment to the installation place, all work equipment of Szermann should be considered in such a way that it only requires work.
SERMANN is required to do its task in such a way that its work does not unnecessarily interfere with the customer's work in the same place, and the client does not obstruct or endanger the work required to fulfill its contractual obligation.
SERMANN is required to provide and maintain at its own expense for any warning signal required for the protection and comfort of others. SERMANN is also responsible for maintaining the technical condition of the completed but not transferred work (parts).
As the performance progresses, Sermann must clean up and remove excess material and trash from the installation site from time to time. SERMANN will arrange for the removal of construction waste generated during construction. After completing the performance, Sermann must remove all its work equipment. You must leave the installation location and within the installation location of the installation in a clear and orderly state.
SERMANN is required to create all the opportunities required by legal provisions and the applicable standards to examine, assess, and check the work of any equipment to be covered or not visible.
At the end of the construction, Szermann is required to declare in writing that he has done the work in accordance with plans and complies with the applicable occupational safety, environmental, fire and security requirements, legislation and standards.
If Sermann incorporates the material or equipment provided by him during the performance of the contract, he shall provide the client to the customer's quality and security certificates of these built -in materials and equipment.
Sermann is entitled to include a subcontractor in the performance of the contract. For the activities of the subcontractor (s) he used, Szermann is the Civil Code. It is responsible for its provisions.
SERMANN is required to comply with the technological instructions, regulations and standards relating to the construction and related activity and the related activities, in particular the provisions of the following documents:
The legislation, official provisions, European and Hungarian standards in force at the time of construction, the working period of the Sermann, as well as the accident protection and operating standards, the generally recognized safety and health and health regulations; Working high;
Labor Manual; MK11 Technical Handbook; Construction technical plans.
In the case of a shortage of inventory, Sermann is entitled to install the contracted equipment for non -compliant reason for the installation of the contract, instead of the equipment specified in the contract, to install a technically and qualitative or better equipment. In all cases, Szermann is required to inform the client within 7 days of becoming aware.
Sermann is entitled to reduce the fee specified in the contract by a unilateral declaration of legal statutory declaration by sending his notice to the Client 10 days prior to his entry into force. Fee reduction may not include the disadvantage of the customer and the unilateral amendment right shall be entitled only to reduce the fee.
Rules for security, requirements for customer, optional financial guarantees
Cases of collateral request:
Sermann shall be entitled to carry out the risk analysis of the Customer at any time before and after the conclusion of the contract.
In addition, if you assess your client's financial position and ability to pay as risky, you may conclude the signature or entry into force of the contract and, on the basis of the risk analysis of the contract, to continue to ensure the performance of the contract.
The decision on the requirement of a guarantee is within its own discretion, according to the parameters specified in the Internal Risk Analysis Regulations, and therefore cannot dispute its decision. It is only entitled to decide whether to provide the requested security or not. Customer can also offer guarantees, which is not required by Sermann, but must continue to negotiate with the customer with good faith on the guarantees offered.
If Sermann requests a guarantee, the contract enters into force that the security shall be available to the required form at the time of the date written by Szermann in the tender. The collateral shall be available through the amount specified in the tender throughout the contract, so the client shall be required to fill it to the original within 5 business days in the event of a rescue by Szermann, otherwise Szermann is entitled to terminate the contract with immediate effect.
If the customer refuses to grant the security requested by Szermann, the Sermann is entitled to refuse to conclude the contract and, on the basis of the risk analysis of the contract, is entitled to terminate the contract with an extraordinary termination.
Rules for collateral:
SERMANN, in particular, but not exclusively, may require the client to provide the following collateral: lien, real estate mortgage, payment guarantee, money (forint or foreign currency) or government securities, a guarantee or insurance guarantee undertaken by a financial institution or insurer, or - Paying guarantee - binding, credit institution deposit (coverage), parent company warranty, immediate collection order for the customer's bank account, pre -payment.
The amount of the bail will be returned after the payment of all invoices or burdening letters, if it is not used, and will not pay the interest rate. The guarantee must be at least 3 months after the termination of the contract and is accepted from the bank approved by Szermann registered in Hungary. The guarantee of the parent company is eliminated when the customer's contract obligations fully comply with the customer's contract.
Customer is obliged to make all the declarations and other legal acts required within the deadline indicated by Szermann, in the form required by the Sermann and the legislation, so that the guarantees stipulated by Szermann are validly established (with particular regard to movable and real estate mortgages, registration).
Customer is required to maintain and preserve the assets and rights of the assets and rights of the Sermann. SERMANN is entitled (also at the installation location) to verify that the contract is based and guarantees that the contract is based on the business and commercial activities of the contract. The Customer shall inform Sermann in writing of the changes in the value and sales of the collateral. If the ratio between the value of the assets of the security and the existing debt of the customer changes to the disadvantage of the Sermann compared to the rate at the time of conclusion of the contract, the customer shall be required to restore the original rate, with the addition of the collateral or otherwise accepted by Sermann. It is considered a serious breach of contract if, at the request of the Sermann, the Customer does not supplement the existing guarantees in the manner specified by Sermann and within the deadline.
Sermann is entitled to initiate the client, but is not obliged to abandon the collateral that he considers no longer required to ensure its claims from the contract.
Sermann is entitled to obtain any documents that are necessary to examine it in connection with the provision, management, processing and validation of collateral. At the same time, it is entitled to initiate the necessary regulatory and court proceedings and the contributor to maintain and enforce the security. All costs related to the establishment, recording, management and enforcement of collateral shall be borne by the client, unless otherwise agreed.
When offering the collateral, the client must declare in writing that the guarantee he has offered has already been burdened with another transaction and, if so, to what extent. In addition, you must declare the litigation and non-demand for the offered security. The adoption of the offered guarantee is the right to decide by the fact that the guarantee of legal prohibition cannot be offered and that SERMANN will not accept. Other rules of the collateral are regulated in a separate collateral contract to be concluded with the client.
The collateral contracts and the related statements and other documents are an integral part of the contract.
Consequences of termination of security:
In the event that the customer's security is terminated or decreased significantly during the contract, Szermann is entitled to ask the client to provide a new security or request the supplementation of the existing collateral. If the Customer fails to comply with the request of Sermann within 8 days of receipt, Szermann may terminate the customer's contract with an extraordinary termination and apply the legal consequences of breach of contract.
The place of performance
Place of performance is the installation location.
Installation location to be transferred to Sermann:
Entry into force;
Connection documentation approved by a spatially competent distributor licensee, required official licenses and construction plan.
Ensure the installation location for work by a customer.
Fees, settlement
The invoice/load letter shall be issued as defined in point 4 of the contract. The Parties stipulate that, if the report is required several times due to technical or other reasons, Szermann is entitled to issue an invoice from the first day of report.
In the event that the invoice/burden letter is due on the holidays or public holidays, the due date is the first working day after the original date. The invoice must always indicate the number of the order and the contract and the name of the Sermann.
If the conditions set out in this section are not met, the customer is entitled to return the invoice without equalization. The client shall not be liable for any damage resulting from the return of the invoice. If the invoice is returned due to the above, SERMANN may not claim interest interest due to any late payment.
Warranty, warranty, good performance guarantee
The warranty period is determined in the contract. Szermann states that from January 1, 2021, Decree 151/2003. (IX. 22.) Korm. Provides a three -year warranty for the equipment, and the duration of the guaranteed warranty shall include the statutory warranty period.
The warranty will be reduced if the customer has broken the equipment without the permission of the SERMANN, or if the Sermann or third person proves that the error is abnormal use, transformation, unprofessional treatment, improper storage, elementary damage, damage caused by organisms or other , for reasons arose after the contract was fulfilled.
Time scope and termination of the contract
The contract shall enter into force on the date of signature by both parties or, if requested, for a definite period of time after the assurance is avoided and until the equipment is installed, until the services have been installed and the equipment fee is fully paid.
Change tracking (extra work, additional work)
The Sermann is also required to do the work that is ordered, especially due to the plan modification, if its task does not make its task disproportionately (extra work). Any performance other than the original (including additional work) can only be carried out on the basis of a prior written statement of the client or its representative. In the absence of this, SERMANN may perform at its own risk and responsibility, unlike the approved content.
Work, accident, fire and environmental protection provisions
It is the duty of Szermann to organize occupational safety, to maintain protective and accident prevention legislation, fire protection, law enforcement and environmental regulations.
In the case of environmental pollution or environmental damage caused by Sermann, it is required to start on -site compensation immediately (preventing further contamination, localization). In this case, it is obliged to notify the client of the parameters of the environmental damage, such as: causes, nature of pollutant, degree of pollution, measures taken and further. The official notification of the damage event, the investigation and the elimination of the causes are made in a manner agreed with the environmental specialist of the environment.
If there is a significant noise effect during work, Szermann shall determine the method and verification of the relevant regulations.
Sermann is required to ensure the residual materials and waste generated during his activity:
from the location for its intended removal of
further treatment;
The fulfillment of other waste producer legal obligations, such as the materials used - the registration of waste generated, the regulatory data services.
Sermann is obliged to comply with the following regulations for the work done by strangers in the customer's area of operation with his employees, his subcontractors and his contributors:
Workplace Handbook,
Fire regulations,
Property protection instruction,
Environmental instruction
Responsibility, liability insurance
If Szermann damages a utility or facility during the performance, he is obliged to restore it at his own expense. It is obliged to report the fact of damage.
If the Sermann causes damage to the Customer by violating the legal requirements or by violating the obligations set out in this GTC or in the contract, and the customer shall claim compensation against the Sermann, Szermann is obliged to the Customer directly but not more than the contract Reimbursement to the amount. In this case, the compensation provided by Szermann must also include the costs that are due to the client on the part of the compensation.
The Sermann transmits the claim for damage to its subcontractor, who is required to send full proof of the fact of consultation with the injury and the full settlement of the claim within 30 calendar days. If Sermann does not justify the full settlement of the claim with documents, the client shall be entitled to include the amount and relevant costs (expert fee, surveys, etc.) of the part of the claim of the claim he or she deemed to be considered.
If Szermann has prepared a preliminary calculation for the customer before the conclusion of the contract or during the execution of the contract, the data contained in the calculation shall be determined as an estimated value. The responsibility of the Servmann is not covered by the fulfillment of those specified in the calculation. Customer is not entitled to claim compensation against Szermann due to the non-compliance of the calculations.
Secrecy
The Parties agree that this Agreement and its annexes, as well as any facts, circumstances and other information incurred during the performance, shall be given to third parties only in a pre -written consultation with the other party, including the media. This provision does not apply to the owners or to the owners. for information provided under the applicable legislation.
Guiding right
The provisions of this GTC shall apply and interpret in accordance with the legislation of Hungary. For issues not regulated in this GTC, the Civil Code is primarily in terms of issues not regulated in this GTC. Provisions are governed.
Any debate arising from this GTC or in connection with or in connection with the contract or in connection with the contract, breach, termination, validity or interpretation of the Code of Civil Procedure is entitled.
Mash
Neither Sermann nor subcontractors are responsible for non-performance of obligations set out in this GTC or contract, if the breach of contract was caused by an unforeseen circumstance at the time of the conclusion of the contract and was not expected to avoid or prevent the circumstance ("Visjor"), such as circumstances that the party is unable to have an effect, unless the latter have arisen on the side of the breach of contract, for a reasonable reason.
The party reporting the force majeure case shall notify the other party in writing of the event and its expected duration, which is required to justify. The party concerned by force majeure shall determine the obligations essential to fulfill the contract that will be prevented or will be prevented by force majeure. The notification should be sent within 14 days of not knowing the party or should have detected the force majeure event or the triggering circumstances that create it.
Neither party is exempt from the obligations of this GTC and its obligations under the contract concluded on the basis of this GTC until the notice is sent to the other party.
If the force majeure is disputed by one of the parties, he must declare this in writing in writing without delay after the notice of the notification or after becoming aware of the relevant information. If the parties cannot close the debate in a peaceful way, they shall be entitled to act in accordance with the provisions of the Act on the Civil Procedure in force at any time.
The termination of force majeure
The party referring to the force majeure shall notify the other party within the shortest time as possible from the circumstances concerned and the effect of the effects of force majeure that limited the implementation of the rights of the Party or the fulfillment of its obligations under the GTC and contract.
Reduction in case of force majeure
The party affected by the force majeure:
It is careful to prevent or mitigate the effects of any force majeure;
It shall take care of it with care to continue to perform a contract immediately after the termination of force majeure;
At the reasonable request of the other party, the other party is required to inform the other party, in particular, but not exclusively, but not exclusively to eliminate and mitigate the effects of force majeure, and to estimate the duration of force majeure .
Both parties are required to cooperate with the other in the development or implementation of reasonable alternative measures, if necessary, to eliminate the effect of force majeure. Accordingly, neither party may be unreasonable from properly modifying the contract between them to eliminate the effect of force majeure
Communication
The Parties shall, in the absence of different provisions, be made primarily in writing or by fax message, in the absence of different provisions. If the shortness of the time or the nature of the notification is justified, notifications may be made by phone or by email. The order of the contract for the performance of the contract can also be reconciled over the phone.
More
By signing the contract, the Customer agrees in advance, explicitly and without any additional condition, to transfer the contract or the right or obligation to the Customer throughout the contract with the unilateral written statement to the Customer. In the event of a complete transfer of the contract, the transferor shall be exempt from the fulfillment of its obligations under the contract.
By signing the contract, the Customer makes a tender to establish the contract with the content specified in this GTC and the contract. The client shall have the right to withdraw the offer before concluding the contract. The customer's offer is unilaterally entitled to accept or refuse to be unilaterally. In particular, Szermann is entitled to refuse the customer's contract offer if it arrives at one of its contact details specified in Section 1 of the Sergean Treaty beyond 30 calendar days from the date of sending the contract by SERMANN.
Sermann declares that he does not have a code of conduct under the Act on the Prohibition of Unfair Commercial Practice for Consumers.
The Customer declares that he has known and accepted the content of the provisions of this GTC.
The contract may only be amended by mutual agreement with both parties signed by both parties, unless otherwise provided by the contract or this GTC.
By signing the contract, the Customer acknowledges and accepts that SERMANN takes photos of the equipment system. The photographs contain exclusions only (to the extent that is necessarily with the support structure and the support surface), and the installation site and the customer cannot be identified on the basis of them. In terms of photographs so, Szermann is entitled to use the right to use it, so it is particularly entitled to indicate on its website or other online or offline interface, publish, revise, reproduce, make it to third parties, and use it as reference.
Validity: 2024. 12. 28.
11 Annexes:
Annex 1: A list of standards and legislation to be followed during the investment
Annex 1
General Terms and Conditions of Szermann Kft.
For the execution/installation of a small solar household power plant with a "network parallel"
Standards and regulations to be followed during the investment:
• MSZ 1585: 2016 Operation of Electrical Equipment (EN 50110-1: 2003 and National Supplements)
• MSZ HD 60364-1: 2009 Low voltage electrical equipment.
Part 1: Principles, Analysis of General Features, Definitions (IEC 60364-1: 2005, Modified) MSZ HD 60364-7712: 2016 for low-voltage electrical equipment. 7-712. PART: Requirements for special equipment or premises. Solar (PV) systems
• MSZ HD 60364-4-41: 2007 Low voltage electrical equipment. 4-41. Part: Security. Electric shock protection (IEC 60364-4-41: 2005, modified)
• MSZ HD 60364-4-43: 2010 Low voltage electrical equipment. 4-43. Part: Security. Overcurrent protection (IEC 603644-43: 2008, modified + October 2008 correction) MSZ HD 60364-4-443: 2016 Low voltage electrical equipment. 4-44. Part: Security. Tension disorders
• and protection against electromagnetic disorders. Chapter 443: Protection against atmospheric or switching transient surge (IEC 60364-4-44: 2007/A1: 2015, modified)
• MSZ HD 60364-5-51: 2010 Low voltage electrical equipment. 5-51. Part Part: Select and Install Electric Structures. General requirements (IEC 60364-551: 2005, modified)
• MSZ HD 60364-5-534: 2016 Low voltage electrical equipment. 5-53. Part Part: Selecting and Installing Electric Structures. Disconnection, switching and control. Chapter 534: Transient Survival Devices (IEC 603645-53: 2001/A2: 2015, Modified)
• MSZ HD 60364-5-54: 2011/A11: 2018 Low voltage electrical equipment. 5-54. Part Part: Select and Install Electric Structures. Earthing equipment and protectors
• MSZ HD 60364-6: 2017 Low voltage electrical equipment. Part 6: Verification (IEC 60364-6: 2006) MSZ EN 62446-1: 2016 Fotovillos (PV) systems.
• Examination, documentation and maintenance requirements. Part 1: Network systems. Documentation, commissioning tests and checks (IEC 62446: 2016)
• MSZ 1: 2002 Standard Electrical Voltage
• MSZ 4851-1: 1988 Touch protection test methods. General rules and examination of the condition of the defender MSZ 4851-2: 1990 Touch protection test methods. Ground resistance and specific soil resistance
• MSZ 4852: 1977 Measuring the insulation resistance of electrical equipment
• MSZ 14550 Powerful load loads
• MSZ 13207: 2000 0.6/1 kv to 20.8/36 kv, nominal voltage power cables and signal cables selecting, laying and load capacity
• MSZ EN 795: 2013 pre -falling devices. Port equipment
• TVMI 7.3: 02.07.2018
The legislation to be followed during the investment:
- 2007 LXXXVI. Law on electricity
- 2/2013. (I. 22.) NGM
- from the safety zone of electric plants as well as producer, private and direct wires
- 8/2001. (III.30.) GM
- TRANSPORT OF THE Electric Plant Technical Safety Requirements for Entry into force
- 1993 XCIII. Law on safety
- 40/2017. (XII. 4.) NGM
- About connecting and user equipment, as well as electrical equipment and protection systems in potentially explosive medium
- 54/2014. (XII. 5.) BM on the National Fire Protection Regulations
- 22/2009. (VII. 23.) ÖM
- About the rules for obtaining a fire protection certificate
- Act XXVIII of 1995. Law on national standardization
- 23/2016. (VII. 7.) NGM
- on the distribution, safety requirements and evaluation of their adequacy for use within a specified voltage limit
