Ask a lawyer on the topic of Contract law

Photovoltaic system

July 2, 2010 | 30,00 EUR | answered by Steffan Schwerin

Dear lawyer,

Since January 2010, we have been obtaining quotes for a photovoltaic system. Based on these quotes, we decided on a company and ordered this PV system on March 17th, with the condition that the system would be connected to the grid before July 1st (as noted in the order form).

After about 6 weeks, we were informed that the ordered system was technically not feasible and a completely different offer was confirmed (lower performance, lower profitability). Valuable time had already passed. We never signed this offer.

The installation date was scheduled for June 9th, and we had a scaffold set up for this purpose. There was a further delay of 4 working days. When the installers arrived on June 14th, they promptly called to inform us that the confirmed modules were unfortunately not available and lower performance modules had been assigned to us. The installation took 3 days, was lengthy and full of complications, with 2 temporary workers and one probationary employee.

We were still missing the electrician to prepare the meters for the energy supplier, scheduled for Friday, June 16th, but he arrived with a further 4-day delay. It was then discovered that the system was not functioning. I was told that the next day they would look for the error(s). The following day, the system was completely disassembled, the rails were moved, new fastenings were installed, and the wiring was properly connected and integrated into the cable channels (previously loose on the roof). Again, roof tiles were damaged, and the awning was also damaged.

On the last day of June 30th, I contacted the energy supplier as there was still no connection date confirmed. It turned out that the systems were not properly registered, no electricity meter was applied for, and therefore no appointment could be scheduled. The system could have been connected since June 24th with the many hours of sunshine.

We now have a system on the roof that we did not order and never agreed to under these conditions. Due to the many mishaps, we missed the opportunity to switch to another provider at short notice. There is no signature from our side for the installed system.

I have since reclaimed my money and have registered the system as ready for connection with the energy supplier with proof photos.

What are our rights?
- Compensation for damages?
- Reversal of the transaction?
- An alternative offer included a 16% price reduction if we did not receive the higher feed-in tariff. How should we proceed?

Thank you and best regards.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into consideration the circumstances described and your commitment, as follows:

Firstly, there is a claim for reversal.

Since the contractually agreed installation could not be delivered and installed, there is a defect according to § 434 BGB. This defect entitles to rectification according to § 437 BGB - which is not possible here - and ultimately also to withdrawal according to § 323 BGB.

You should explicitly declare the withdrawal here and reverse the contract.

The company should then dismantle and remove the installation at their own expense. You have already received your money back.

In addition, there is a claim for damages. This initially covers damages caused by the company and your additional costs. Furthermore, the lost profit due to the operation of the fully functional installation can also be claimed.

This claim for damages must be made in writing and demanded within a deadline of 14 days.

Finally, I would like to point out that this platform cannot replace detailed and personal legal advice. The aim is solely to provide an initial rough assessment of your described legal problem based on the information you have provided by a lawyer. The legal information I provide is based solely on the facts you have provided. Adding or omitting relevant information in the context of your description of the circumstances may result in a completely different legal assessment.

I hope I have given you a first overview and that my explanations are helpful. Please feel free to contact me through the follow-up option on this platform.

Furthermore, I am of course also available for mandate. The initial consultation fee paid would be fully credited.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and phone, mandate execution is also possible.

Best regards,

Steffan Schwerin
Lawyer

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