Mandatory information

General terms and conditions

Terms and conditions of GFG Energy GmbH

For contracts with businesses within the meaning of § 14 BGB. Our services are not directed at consumers.

Business customers only
§ 14 BGB
Version: October 2026

One day over time · schematic, not measurements

This is a non-binding translation. In case of any discrepancy, the German version prevails.

01 Scope

These general terms and conditions apply to all contracts between GFG Energy GmbH (“GFG”) and its customers for site assessment, planning, project management, consulting and operation services relating to energy installations.
They apply exclusively to businesses within the meaning of § 14 BGB, legal entities under public law and special funds under public law.
Deviating, conflicting or supplementary terms of the customer only become part of the contract if GFG expressly agrees to them in text form. This also applies if GFG performs services without reservation in knowledge of such terms.
Financing models that the customer concludes with a finance partner — such as contracting, power purchase agreements, leasing, hire purchase or tolling — and the use of software are governed by separate contracts. These terms only apply there insofar as the separate contracts contain no deviating provisions.

02 Conclusion of contract and offers

Offers made by GFG are non-binding unless expressly designated as binding.
A contract is concluded by GFG's order confirmation in text form or by the start of performance.
The content and scope of the services follow from the order confirmation or the contract, including its annexes. Amendments and additions require text form; the precedence of individual agreements under § 305b BGB remains unaffected.
First assessments as part of a free site check are non-binding guidance. They do not replace planning and do not create any obligation to perform.

03 Scope of services and the customer's cooperation

The type and scope of the services follow from the contract. GFG provides planning, consulting and project management services. Installations are built by specialist firms unless expressly agreed otherwise.
The customer provides the information and documents required for the services in good time, in full and free of charge, in particular load profile data, drawings, structural documents, information on the grid connection and powers of attorney vis-à-vis grid operators and authorities. The customer grants the necessary access to the site.
If the customer does not fulfil its duties to cooperate, or not in time, agreed deadlines are extended appropriately. GFG may charge separately for the additional effort this causes.
GFG may rely on the accuracy and completeness of the information provided by the customer unless errors are obvious.

04 Dates and deadlines

Dates and deadlines are only binding if they have been expressly agreed as binding.
Deadlines that depend on decisions of third parties — in particular grid operators, authorities, finance partners or manufacturers — are subject to those decisions. GFG has no influence on their processing times.

05 Prices and payment terms

The prices agreed in the contract apply. All prices are subject to statutory VAT.
Services are invoiced as agreed: at a fixed price, on a time-and-material basis or per project phase. For time-and-material billing the agreed hourly rates apply. Travel costs and expenses are charged separately where agreed.
GFG may request reasonable payments on account for services already rendered.
Invoices are payable without deduction within 14 days of receipt. In case of default the statutory provisions apply.
The customer may only set off claims that are undisputed or have been finally established by a court.

06 Retention of title and rights of use

Where GFG delivers goods, they remain the property of GFG until paid in full.
Upon full payment, GFG grants the customer a simple, unlimited-in-time right to use drawings, calculations, reports and other work results for the contracted project and to pass them on to third parties for that purpose, such as planners, specialist firms or finance partners. Further rights, in particular use for other projects, require a separate agreement.
GFG software is not covered by these terms; separate licence or usage terms apply to it.

07 Acceptance

Where services are owed under a contract for work, the customer is obliged to accept them as soon as they have been completed in accordance with the contract. Acceptance may not be refused because of insignificant defects.
The work is deemed accepted if GFG has set the customer a reasonable deadline for acceptance after completion and the customer has not refused acceptance within that deadline, stating at least one defect (§ 640 (2) BGB).
Self-contained partial services, in particular individual project phases, may be accepted separately.

08 Warranty and rights in case of defects

The statutory provisions apply to defects unless otherwise stated below.
For services under a contract for work, GFG first has the right to subsequent performance, at its choice by remedying the defect or producing new work.
Claims for defects become time-barred one year after acceptance. This does not apply to claims based on intent or gross negligence, injury to life, body or health, the Product Liability Act or a guarantee, nor to defects in buildings or in planning or supervision services for buildings (§ 634a (1) no. 2 BGB); the statutory periods apply in those cases.
Forecasts, in particular of yields, savings, revenue and economic viability, are based on the data and assumptions available when they were prepared. They do not warrant any particular result; GFG only guarantees that they will occur if this has been expressly agreed in text form.
GFG does not owe tax or legal advice. References to tax or legal options do not replace advice from tax advisers or lawyers.

09 Liability

GFG is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.
In the event of a slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract. A material obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
Liability for slight negligence is otherwise excluded.
The above limitations also apply in favour of GFG's officers, employees and vicarious agents.

10 Use of subcontractors

GFG may use qualified subcontractors and specialist firms to perform its services. GFG remains responsible to the customer for the services it owes.
If the customer commissions specialist firms, finance partners or other third parties itself, separate contractual relationships arise between the customer and those parties. GFG is not liable for their services unless they act as GFG's vicarious agents.

11 Confidentiality and data protection

The parties treat all confidential information of the other party that becomes known to them in the course of the cooperation — in particular consumption and load data, drawings and trade secrets — as confidential. This obligation continues after the contract ends.
GFG only uses the customer's name and a general description of the project as a reference with the customer's prior consent.
GFG processes personal data in accordance with the statutory provisions. Where GFG processes personal data on the customer's behalf, the parties conclude a data processing agreement pursuant to Article 28 GDPR.

12 Term and termination

Contracts for one-off services end once they have been performed. The term and notice periods of contracts for ongoing services, such as operation management or monitoring, follow from the respective contract.
The right to terminate for good cause remains unaffected.
If the customer terminates a contract for work before completion, § 648 BGB applies.
Notices of termination must be given in text form.

13 Force majeure

Unforeseeable events beyond GFG's control — in particular natural events, war, pandemics, official orders, strikes and unforeseeable disruptions to supply chains or energy supply — that make performance substantially more difficult or impossible release GFG from its obligation to perform for the duration of their effects.
GFG informs the customer without delay. If the impediment lasts longer than three months, either party may withdraw from the contract with respect to the part not yet performed.

14 Final provisions, place of jurisdiction and applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is GFG's registered office. GFG is also entitled to sue at the customer's general place of jurisdiction.
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory provision.