1. Applicability
These General Terms and Conditions ("Terms") apply to all offers, quotations, agreements and further legal relationships between ETURN B.V. (registered in the Netherlands, KvK 53545702) and any natural person or legal entity ("Client") that engages or intends to engage ETURN's services.
Any general or purchasing terms and conditions of the Client are expressly excluded unless ETURN has accepted these in writing. If any provision of these Terms is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.
2. Quotations & Offers
- All quotations and offers are without obligation and valid for 30 days unless stated otherwise in writing.
- An agreement is only concluded once ETURN has confirmed a signed order in writing, or has commenced work at the Client's written instruction.
- Quotations are based on the information available at the time of issue. Material changes in site conditions, grid connection status or planning requirements may result in revised pricing.
- ETURN reserves the right to refuse an order without giving reasons.
3. Services
ETURN provides turnkey EPC (Engineering, Procurement and Construction) contracting services for photovoltaic solar installations and battery energy storage systems, including:
- Design and engineering of PV and BESS systems.
- Procurement of panels, inverters, mounting structures, and all balance-of-system components.
- Construction, installation and commissioning.
- Grid connection coordination and permit application support.
- Post-commissioning monitoring and maintenance (under separate service agreement).
The exact scope, specifications and milestones are defined in the project agreement signed by both parties.
4. Client Obligations
The Client shall:
- Provide timely, accurate and complete information required for design, engineering and permitting.
- Ensure safe and unobstructed access to the installation site during agreed working periods.
- Obtain or assist in obtaining all necessary permits, consents and grid connection agreements, unless explicitly included in ETURN's scope.
- Notify ETURN immediately of any circumstances that may affect the project timeline or site conditions.
- Ensure that any third-party equipment or systems that must interface with ETURN's installation meet the agreed technical specifications.
Delays or additional costs caused by the Client's failure to fulfil these obligations are at the Client's risk and expense.
5. Pricing & Payment
- All prices are in Euros (EUR) and exclusive of VAT unless stated otherwise.
- Payment terms are net 30 days from invoice date, unless agreed otherwise in writing.
- ETURN applies a milestone-based payment schedule for larger projects (e.g. 30% upon contract signature, 40% upon delivery of materials to site, 30% upon commissioning).
- Late payments attract statutory commercial interest (wettelijke handelsrente) under Dutch law from the due date.
- ETURN reserves the right to suspend work if invoices remain unpaid beyond 14 days of the due date after written notice.
- Price adjustments due to material cost inflation of more than 5% after contract signing may be passed on with 14 days' written notice.
6. Delivery & Acceptance
Delivery timelines stated in the project agreement are indicative and not binding unless expressly agreed in writing as firm deadlines. ETURN shall inform the Client promptly of any material delays.
Upon completion, ETURN will notify the Client for an acceptance inspection. The Client must conduct the inspection within 5 business days and communicate acceptance in writing, or provide a detailed list of defects. Silence after 10 business days is deemed acceptance.
Risk of loss or damage to the installation transfers to the Client upon acceptance.
7. Warranty
ETURN provides a workmanship warranty of 2 years from the date of commissioning, covering defects attributable to faulty installation or materials supplied by ETURN.
- Component warranties (panels, inverters, mounting) are manufacturer warranties and are assigned to the Client at handover.
- The warranty does not cover damage caused by extreme weather events, vandalism, Client modifications, or failure to follow ETURN's maintenance recommendations.
- Warranty claims must be submitted in writing within the warranty period with a clear description of the defect.
8. Liability
ETURN's total liability for direct damages arising from any cause under or related to a project agreement shall not exceed the total contract value of that project.
ETURN is not liable for:
- Indirect damages including loss of profit, loss of production, loss of revenue or data.
- Damages resulting from information or instructions provided by the Client that are inaccurate or incomplete.
- Delays or damages caused by force majeure (see Section 10).
- Grid curtailment or utility company decisions affecting system output.
Nothing in these Terms limits ETURN's liability for death or personal injury caused by gross negligence or wilful misconduct.
9. Intellectual Property
All designs, engineering drawings, reports and software created by ETURN remain the intellectual property of ETURN unless explicitly transferred in writing. The Client receives a non-exclusive licence to use such materials solely for the operation and maintenance of the installed system.
10. Force Majeure
Neither party shall be in breach of the agreement or liable for any delay or failure to perform if such delay or failure results from circumstances beyond that party's reasonable control, including but not limited to: natural disasters, war, government restrictions, pandemic measures, supply chain disruptions, or grid operator delays. The affected party shall notify the other party promptly. If force majeure persists for more than 60 days, either party may terminate the agreement by written notice without further liability.
11. Termination
Either party may terminate the agreement with immediate effect by written notice if the other party is in material breach and has failed to remedy such breach within 14 days of written notice, or if the other party becomes insolvent or subject to bankruptcy proceedings.
In the event of Client-initiated termination without cause, the Client shall pay ETURN for all work completed to date plus reasonable demobilisation costs and restocking fees for materials already ordered.
12. Governing Law
These Terms and all agreements to which they apply are governed by the laws of the Netherlands. Disputes shall be submitted exclusively to the competent court in Alkmaar, the Netherlands, subject to ETURN's right to seek urgent interim relief in any jurisdiction.
For questions about these Terms, contact us at info@eturn.eu.