Last updated: 18 September 2025
Terms & Conditions
Version 3.0 [18.09.2025]
1. General Provisions
These General Terms and Conditions (“GTC”) govern the provision of all services and goods deliveries (together the “Services”) which Ampere Dynamic Schweiz GmbH, Grubenstrasse 54, 8045 Zurich (“Ampere Dynamic”) offers to its customers (“Customers”).
To agree on the Services, Ampere Dynamic and the Customer conclude separate works contracts, service contracts or other individual contracts (each an “Individual Contract”). The type and scope of the Services correspond to the Individual Contract.
In the event of contradictions between the GTC and an Individual Contract, the GTC shall take precedence, unless the contradictory provision of the GTC is expressly referenced in the corresponding Individual Contract. General Terms and Conditions of Customers are excluded unless explicitly referenced.
2. Contract Formation
2.1 Quotation
Quotations from Ampere Dynamic are valid for 4 weeks from the date of issue and are binding for Ampere Dynamic subject to the provisions in section 2.3 below, unless expressly agreed otherwise. Without customer confirmation within the quotation period, the quotation expires without further notice. Quotations can be extended or adjusted by Ampere Dynamic at the Customer’s request at any time by notification in text form.
2.2 Conclusion
The Individual Contract between the Customer and Ampere Dynamic is concluded if Ampere Dynamic receives the mutually signed Individual Contract within the quotation period.
2.3 Reservation of Quotation Adjustments
Ampere Dynamic prepares the quotation based on available information. If Ampere Dynamic’s performance is made more difficult or impossible for reasons that were not recognisable at the time of quotation preparation, Ampere Dynamic is entitled to withdraw from the Individual Contract without payment of damages. At the Customer’s request, Ampere Dynamic can prepare a new quotation.
Ampere Dynamic expressly reserves the right to make changes to the Services that are necessary due to compliance with legal regulations or to obtain official approvals and were not foreseeable at the time the order was placed. If these changes lie outside the agreed scope of services or significantly exceed the usual and quoted effort, Ampere Dynamic reserves the right to charge the Customer for the additional costs incurred on an effort basis.
Individual price positions may not yet be finally determined at the time of contract conclusion. These are marked accordingly in the quotation. Adjustments to these prices are made in accordance with the provisions of these GTC. Costs arising from grid disruptions, obligations towards energy supply companies or incorrect information from the Customer or third parties engaged by them will be invoiced to the Customer separately. The same applies to requirements from approval authorities or other costs that cannot be calculated in advance.
Ampere Dynamic confirms the final price of the order and the payment schedule with the order confirmation.
3. Contracts for Installation of Systems
3.1 General
Ampere Dynamic offers services in connection with the purchase of components for photovoltaic systems and their installation at the Customer’s premises. The photovoltaic system (the “System”) consists of permanently installed or customer-specific manufactured works contract elements (“Works”) as well as separable purchased goods (“Goods”) procured from suppliers for the Customer.
Ampere Dynamic undertakes to plan and deliver the System at the agreed price and scope of services in accordance with the Individual Contract.
3.2 Price Changes
Goods prices contained in the quotation refer to the situation at the time of quotation. If purchase prices increase by more than 5% between quotation and order time, Ampere Dynamic informs the Customer before placing the order.
The installed capacity of the System may be higher or lower than envisaged in the quotation during detailed project planning. In these cases, the price of the individual positions estimated in the quotation is adjusted according to the underlying quantity basis. Quotation positions not influenced by the increased or decreased performance or the change in installed system size remain constant in price.
3.3 Exchange of Goods
Ampere Dynamic has the right to replace individual Goods listed in the Individual Contract with Goods of equal or higher quality. The Customer is therefore not guaranteed the delivery of a specific type of goods for modules, inverters or substructures. The individual Goods are selected taking into account availability at the time of execution. The Customer will be informed if changes are made to Goods explicitly listed in the quotation. If the Customer does not object to a change within 2 working days, stating reasons, the change is deemed approved.
3.4 Obligations of Ampere Dynamic
Changes to the Services at the Customer’s request will only be considered if they are possible for Ampere Dynamic in terms of subject matter and time and have been agreed in writing between the parties. The Customer reimburses Ampere Dynamic for the additional costs arising from the change to the Services.
Ampere Dynamic has the right to engage third parties to carry out the Individual Contract.
3.5 Acceptance
Ampere Dynamic notifies the Customer of the completion of the System or self-contained system parts and arranges an acceptance appointment with them within four weeks. The Customer participates in the acceptance. If the Customer does not participate or refuses an appointment, the System is deemed accepted after four weeks from the notification of completion.
Minor defects do not prevent acceptance.
If significant defects become apparent, a binding deadline for defect rectification by Ampere Dynamic is agreed at the acceptance appointment, acceptance is interrupted and continued after defect rectification.
Benefit and risk pass to the Customer upon acceptance of the System. Ownership of Goods remains with Ampere Dynamic until full payment for the System.
3.6 Defect Notification
There is a notification period of 2 years from the day of acceptance. If the Customer discovers a defect but does not report it in time, they must bear the damage caused thereby.
For hidden defects, Ampere Dynamic is liable for a further 3 years after expiry of the notification period, but only if the Customer has reported them in writing within 7 calendar days of discovery.
3.7 Defect Rights
3.7.1 For Purchase of Goods
If Ampere Dynamic has delivered defective, incorrect or quantitatively insufficient Goods, the Customer can initially only demand that Ampere Dynamic remedies the non-conformity at Ampere Dynamic’s choice through rectification or replacement delivery. The Customer can set Ampere Dynamic a reasonable deadline of at least 30 days. If Ampere Dynamic has not remedied the non-conformity within this period, the Customer may, at their choice, demand a reduction or, if retention of the delivery is unreasonable for them, rescission.
3.7.2 For Works Contract Services
Ampere Dynamic rectifies defects falling under its liability at its own expense. Defects are rectified within a reasonable period. The Customer can only withdraw from the Individual Contract if acceptance of the Work is unreasonable and removal of the Work does not entail disproportionate disadvantages for Ampere Dynamic. In that case, the Customer owes Ampere Dynamic no remuneration, already paid remuneration is returned to the Customer and Ampere Dynamic must remove the Work within a reasonable period.
3.8 Obligations of the Customer
3.8.1 Preparation
The Customer ensures at their own expense that necessary work can begin on time. They enable Ampere Dynamic and the third parties commissioned by it to have the necessary access at all times and provide complete written information about properties (such as asbestos contamination, static peculiarities, leaks in the building envelope, official restrictions, roof situation, roof condition, statics) related to the project.
3.8.2 Access
The Customer will grant Ampere Dynamic unrestricted access to the installation site at all times during installation work, provide free of charge a water and electricity connection, and provide free of charge a suitable storage area for delivered goods as well as space for waste containers and telescopic handlers/crane vehicles.
The Customer ensures that Ampere Dynamic has access to the system network including VPN at all times.
3.8.3 Statics of Buildings
Ampere Dynamic assumes that the buildings were erected according to today’s usual construction standards and that the static load reserves of the structures to be built on comply with applicable standards. The Customer is obliged to inform Ampere Dynamic of a different static situation before accepting the quotation. If the Customer cannot adequately prove compliance with applicable standards regarding the static load reserves of the structures to be built on, Ampere Dynamic is entitled to have an expert opinion prepared in the Customer’s name and at the Customer’s expense or to withdraw wholly or partially from the respective Individual Contract. Alternatively, Ampere Dynamic can also submit a quotation to the Customer on how statics can nevertheless be ensured.
3.9 Subsidies and Permits
If requesting subsidies and permits is agreed as part of the Services, the Customer grants Ampere Dynamic power of attorney to represent the Customer vis-à-vis authorities and other parties involved to carry out all necessary actions.
In such a case, Ampere Dynamic carries out the necessary registration and application procedures for the Customer and accompanies them. Ampere Dynamic does not guarantee the granting and approval of subsidies or permits. Ampere Dynamic cannot be held liable for reduced income from remuneration. Furthermore, Ampere Dynamic does not guarantee compliance with deadlines by the authorities.
The invoices issued by Ampere Dynamic are owed even if the approval or permit procedures by the authorities have not yet been completed or if subsidies or permits are refused by authorities.
If subsidies which Ampere Dynamic has explicitly guaranteed according to the Individual Contract are refused, the Customer can withdraw from the Individual Contract.
4. Photovoltaic Service Contracts
4.1 General
Ampere Dynamic offers the Customer recurring service services.
For Individual Contracts for recurring service services concerning systems newly installed by Ampere Dynamic, the Individual Contract comes into force, unless expressly agreed otherwise, as soon as the system has been accepted.
For Individual Contracts for recurring service services concerning existing systems, the Individual Contract comes into force, unless expressly agreed otherwise, upon mutual signing.
4.2 Obligations of Ampere Dynamic
Ampere Dynamic provides the services listed in the Individual Contract during the specified service times.
Ampere Dynamic provides all services with due care. The Customer acknowledges that the execution of the commissioned services involves risks, and Ampere Dynamic does not guarantee uninterrupted availability of the services.
4.3 Obligations of the Customer
The Customer fulfils their responsibilities and obligations as a proper system operator (such as system safety, necessary maintenance measures, official requirements) throughout the entire contract period.
The Customer regularly checks the system monitoring and event monitor as well as the function of the system in an appropriate manner and reports any problems.
The Customer also reports to Ampere Dynamic: error and alarm messages from systems to prevent personal injury and property damage or to limit possible damage; short circuit and overvoltage events in the customer infrastructure, especially in the event of lightning strikes; conversions affecting parts of the system or the entire system and carried out by the customer within the ordinary warranty and guarantee period.
4.4 Data & Technical Access
The Customer agrees to share the production data of the system with Ampere Dynamic for the purpose of improving Ampere Dynamic’s services via the monitoring system throughout the entire contract period, but for at least 10 years after commissioning. If Ampere Dynamic has installed a monitoring system in the system, the Customer will grant Ampere Dynamic at least read rights for the production values via web remote access during the contract period.
5. Prices & Payment
5.1 Prices
The prices stated in the Individual Contract apply, subject to the provisions of section 2.3. Prices are in Swiss Francs and exclude the applicable VAT, unless expressly agreed otherwise.
5.2 Payment Terms
The Customer pays the fees set out in the Individual Contract and its annexes to Ampere Dynamic to the bank account stated in the invoice. Unless otherwise agreed in the Individual Contract:
- Purchase prices and lump-sum works wages are invoiced 20% 6 weeks after order placement, 50% one week before delivery of materials and 30% (balance) after acceptance.
- The calculation of invoice amounts is based on the quotation for the 1st advance invoice, and on the order confirmation for the 2nd and 3rd.
- Effort-based services are invoiced monthly.
- Service fees and other recurring flat fees are invoiced in advance for the respective period and are payable no later than before the start of the contract period.
All fees are payable within 30 days of the invoice date.
5.3 Payment Default
In the event of payment default, Ampere Dynamic is entitled to default interest at a rate of 5% p.a. from the first day of payment default.
If the Customer has not paid an invoice when due, Ampere Dynamic can terminate the respective Individual Contract without compensation after 5 days. The services provided by Ampere Dynamic up to that point must be paid in full. The Customer bears the costs arising from the payment default.
Ampere Dynamic is entitled to suspend the provision of services if the Customer does not pay an undisputed invoice within 14 days of the first written reminder.
Ampere Dynamic can establish a builder’s lien if the Customer falls into payment default after completion of the work.
6. Force Majeure
If delivery delays or schedule shifts occur due to obstacles over which Ampere Dynamic has no influence (such as events of force majeure, strikes, lockouts, official orders, unforeseen events disrupting supply chains, delays from grid operators, snow situations in winter months, extraordinary weather conditions, delays caused by customers), Ampere Dynamic receives an appropriate grace period. This also applies if the delivery delays occur with Ampere Dynamic’s suppliers or sub-suppliers.
If the impossibility of delivery still exists after the grace period and an end to the hindrance is not expected within 5 months, the parties have the option to withdraw wholly or partially from the respective Individual Contract. In these cases, Ampere Dynamic owes the Customer no damages.
7. Intellectual Property
All quotations prepared by Ampere Dynamic and the associated documents (such as planning documents, CAD files) remain the intellectual property of Ampere Dynamic. They may neither be copied nor made accessible to outsiders in any form.
8. Confidentiality
The parties may disclose confidential information to each other. Confidential information includes without limitation all information marked as confidential or otherwise designated as confidential or which may reasonably be considered confidential and attributable to the Customer or Ampere Dynamic. This obligation extends to all information relating both to the internal organisation of the parties and to their relationships with third parties. Publicly available or accessible information as well as information that the receiving party has received lawfully and without restriction or developed independently do not count as confidential.
Each party will protect the other party’s confidential information with the same care it applies to protect its own confidential information, but in no case with less than reasonable care; and will not disclose confidential information except to affiliated companies, employees, representatives and professional advisers who need to know this information and have committed to its confidential treatment.
9. Advertising
The Customer grants Ampere Dynamic the right to publish the Customer’s name and logo as well as a brief description of the services provided for advertising purposes on various channels. Ampere Dynamic may also use photos or data from monitoring systems for reference purposes. All other advertising measures in connection with the Customer require the Customer’s prior consent. The Customer can prohibit use for advertising purposes at any time by written notification.
10. Data Protection
The parties undertake to comply with applicable data protection regulations when carrying out all Individual Contracts.
11. Guarantee and Warranty
Performance guarantees granted by the manufacturer can only be claimed from the manufacturer. Ampere Dynamic is not liable for this outside its warranty obligations.
Guarantees granted by the manufacturer that promise longer-term guarantees than Ampere Dynamic can only be claimed from the manufacturer after expiry of the warranty period agreed under the Code of Obligations.
Performance guarantees from Ampere Dynamic are agreed in writing. They can only be claimed if the Work is in defect-free condition, is complete and has been maintained exclusively by Ampere Dynamic or third parties commissioned by it.
All yield calculations in quotations, management handouts and other order documents are to be understood as guide values and do not represent guaranteed yields. Any yield guarantees or yield assurances must be explicitly designated as such and contractually recorded.
12. Liability
Ampere Dynamic is fully liable to the Customer for losses and damages caused intentionally or through gross negligence. Liability of Ampere Dynamic for unintentional or negligent acts and omissions is excluded to the extent legally permissible.
Ampere Dynamic is not liable for damage arising from neglect of maintenance obligations which, unless otherwise agreed, are incumbent on the Customer.
Ampere Dynamic assumes no responsibility for cost consequences (such as other tax classifications, imputed rental value changes, fees) that are not explicitly described in the quotation.
The Customer will indemnify and hold Ampere Dynamic harmless from all claims, liability claims, losses, costs, penalties and damages, including reasonable legal fees, arising from the Customer’s breach of these GTC or legal requirements or from the execution of instructions.
13. Insurance
Ampere Dynamic has business liability insurance for personal injury and property damage with an insurance sum per damage event of at least CHF 5 million and undertakes to maintain at least equivalent insurance coverage throughout the entire contract period.
The Customer is responsible for further insurance after completion and operation of the system, in particular also registration with the building insurance.
14. Amendments
Ampere Dynamic may unilaterally amend these GTC at any time. Significant changes will be communicated to the Customer in an appropriate manner with reasonable notice in advance, stating the date of entry into force. Excluded from this are urgent changes intended, for example, to prevent ongoing abuse or represent a response to legal requirements. If the Customer does not expressly object to changes disadvantageous to them within 10 days, these are deemed accepted.
15. Contract Duration and Termination
15.1 Individual Contracts for Recurring Services
Individual Contracts for recurring services have a minimum term specified in the Individual Contract.
Unless otherwise agreed in the Individual Contract, it is automatically extended after expiry of the minimum term and each further term by one year each time, until one of the parties objects to the extension in writing with 3 months’ notice.
Termination does not affect the rights, obligations or liabilities of either party that arose before termination or are intended to remain effective beyond termination.
15.2 Termination for Cause
Either party may terminate Individual Contracts at any time without prior notice and with immediate effect in writing if:
- The other party materially breaches the corresponding Individual Contract and does not remedy this breach after written notice of sixty days; or
- The other party becomes insolvent or is the subject of bankruptcy or other insolvency proceedings.
15.3 Project Cancellation for Reasons Not Attributable to the Provider
If a project is cancelled or suspended in whole or in part after its commencement for reasons not attributable to Ampere Dynamic (in particular, but not exclusively, due to roof renovations, official orders, construction delays or comparable circumstances), Ampere Dynamic is entitled to invoice all services provided up to that point as well as the costs incurred. The same applies to materials already ordered insofar as they can no longer be cancelled or returned.
16. Miscellaneous
Entire Agreement: Each Individual Contract in conjunction with these GTC represents the final agreement of the parties regarding the matters mentioned in the Individual Contract and replaces all previous agreements and understandings.
Amendments: All amendments and additions to Individual Contracts must be signed by both parties, whereby a simple electronic signature suffices.
Notifications: Notifications are to be sent in text form to the last communicated or available address. “In text form” means, unless expressly stated otherwise, also by email.
Swissolar Ombudsman: As a member of the Swissolar industry association and holder of the “Die Solarprofis” label, Ampere Dynamic is obliged to point out the existence of an ombudsman on the part of Swissolar. In the event of disputes or differences between the contracting parties, the ombudsman can be involved. This ombudsman consists of independent and neutral specialists whose aim is quality assurance of solar systems and the “Die Solarprofis” label. It can be reached by telephone at +41 44 250 88 33 and by email at ombudsstelle@swissolar.ch. Involvement of the ombudsman takes place in accordance with Swissolar’s guidelines and procedures.
Arbitration Clause: In the event of a conflict, the parties will contact the Swissolar ombudsman before initiating court proceedings. They should only call on an ordinary court after any failure of the ombudsman procedure.
Severability Clause: Should any provision of these GTC or contracts subject to these GTC be (wholly or partially) unlawful, invalid or otherwise unenforceable, the remaining provisions shall remain in full force and effect mutatis mutandis. The parties will replace such a provision with a valid provision that comes as close as possible to the original economic purpose.
Assignment: The Customer may not assign their rights, obligations or claims from all Individual Contracts without the prior explicit consent of Ampere Dynamic.
Applicable Law and Jurisdiction: These GTC and the contractual relationship between Ampere Dynamic and the Customer are governed by substantive Swiss law. The parties agree on Zurich, Switzerland as the exclusive place of jurisdiction, to the extent legally permissible.