General Terms and Conditions
Terms governing the use of our services
1. Scope of Application
These General Terms and Conditions (GTC) govern the business relationship between Free State AG, Stettemerstrasse 40, 8207 Schaffhausen, Switzerland, UID CHE-134.711.335 (hereinafter "Free State AG" or "we") and its customers (hereinafter "Customer"). By using our website, requesting an offer, or concluding a contract, the Customer accepts these GTC in the version valid at the time the contract is concluded. Conflicting or supplementary conditions of the Customer are not recognized unless Free State AG has expressly agreed to their validity in writing. For individual products and services (in particular the Solar Free model), the conditions agreed in the respective individual contract apply additionally and prevail over these GTC in the event of conflict.
2. Contract Conclusion
The presentation of products and services on our website and non-binding calculations from our solar calculator do not constitute a binding offer; they are merely an invitation to request a quotation. A contract is concluded when (a) Free State AG countersigns a written offer confirmed by the Customer, (b) the Customer validly signs (including electronically, see clause 3) an offer submitted by Free State AG, or (c) Free State AG begins performance of the service and the Customer tolerates this. Free State AG reserves the right to refuse orders without giving reasons, in particular where technical feasibility, creditworthiness or supply constraints so require.
3. Electronic Contract Signing
Contracts with Free State AG can be concluded in paper form or electronically. For electronic signing we use the trust service provider Swisscom Trust Services AG, Konradstrasse 12, 8005 Zurich, Switzerland. Swisscom Trust Services is licensed under the Swiss Federal Act on Certification Services in the Field of Electronic Signatures (ZertES) as a qualified trust service provider. The qualified electronic signature (QES) created via Swisscom Trust Services is, pursuant to Art. 14 para. 2bis of the Swiss Code of Obligations, equivalent to a handwritten signature and has full statutory evidentiary value. By choosing electronic signing, the Customer expressly agrees that the contract is validly concluded in this form. During identification and signature creation, the Customer transmits identification and authentication data to Swisscom Trust Services. Details of this data processing can be found in our privacy policy and at https://trustservices.swisscom.com.
4. Right of Withdrawal for Consumers
If a consumer within the meaning of Art. 40a et seq. of the Swiss Code of Obligations concludes a contract with Free State AG (a) on the occasion of an advertising event or a home visit at the residence, workplace or in the immediate vicinity, or (b) by telephone or comparable means of distance communication where the contract negotiations are conducted without the possibility of immediate inspection, then the consumer has a right of withdrawal of 14 days from the conclusion of the contract. The withdrawal does not require any reason. It must be declared in writing (letter or email to info@freestate.ch); timely dispatch is sufficient to comply with the deadline. In the event of an effective withdrawal, both parties are obliged to return any performance already received. If Free State AG has begun execution of the contract with the Customer's consent (e.g., material orders, on-site measurements), reasonable compensation may be claimed for services rendered up to the withdrawal. There is in particular no right of withdrawal for contracts that have been negotiated and concluded exclusively at the registered office of Free State AG, or for contracts for services expressly produced according to the Customer's specifications, once their production has begun with the Customer's consent.
5. Services
Free State AG plans, supplies, installs and maintains photovoltaic systems, battery storage, heat pumps, charging stations, energy management systems and related installations and services in the field of renewable energy. The exact scope of services is determined by the offer, the order confirmation or the individual contract. Where required for execution, Free State AG also coordinates with the local distribution grid operator, files the connection request and registers subsidies and feed-in tariffs, where contractually agreed. Changes to the scope of services are possible where technical, regulatory or supplier-side reasons make them necessary and the changes are reasonable for the Customer. Free State AG informs the Customer in good time in such cases.
6. Solar Free — Leasing and Subscription Model
Under the "Solar Free" model, Free State AG provides the Customer with a photovoltaic system (optionally supplemented by battery storage, charging station or heat-pump control) for use against a monthly fee, without the Customer having to purchase the system. Key terms: • Ownership: For the entire contract term, ownership of the system remains with Free State AG or with a financing partner designated by Free State AG. The Customer makes the roof or installation site available free of charge and grants the access rights required for construction, operation and maintenance. • Contract term: The standard term of a Solar Free contract is — unless otherwise agreed in the individual contract — 20 years from commissioning. • Monthly fee: The monthly fee is bindingly set out in the individual contract. An indexation or stepped model may be provided; in this case, the basis of calculation is disclosed in the contract. • Maintenance and repair: During the contract term, Free State AG is responsible for ordinary maintenance and the rectification of defects in components of the system, provided these are not caused by improper use, vandalism, force majeure or third-party intervention. • Electricity consumption and feed-in: The electricity consumed on-site by the Customer is — unless otherwise stipulated in the individual contract — included in the monthly fee. Surplus electricity is fed into the grid; the feed-in remuneration accrues to the system owner (Free State AG). • Early termination: Ordinary termination before expiry of the agreed term is excluded. In the event of early termination for important reasons, the terminating party owes the other party compensation in accordance with the individual contract. Upon a change of ownership of the property, the new owner enters into the contract, where so provided in the individual contract. • Purchase option: Where so provided in the individual contract, the Customer has the right to acquire the system at defined points in time at a residual value determined in advance. • After contract end: Upon expiry of the contract term, ownership of the system passes — where so provided in the individual contract — free of charge or at a symbolic residual value to the Customer. Otherwise, the system is dismantled by Free State AG and the installation site is professionally restored. The details of term, fee, indexation, transfer of ownership, insurance cover and purchase option are conclusively set out in the signed Solar Free contract, which prevails over these GTC in the event of conflict.
7. Prices
All prices are quoted in Swiss Francs (CHF). Unless stated otherwise, prices to consumers include the applicable value-added tax and prices to business customers are exclusive of value-added tax. Prices indicated in online calculators and on the website are non-binding indicative values. Only the prices set out in the individual offer or the individual contract are binding. Free State AG reserves the right to adjust prices for future contracts at any time. For contracts already concluded, the agreed prices remain binding, subject to contractually provided adjustment clauses (e.g., indexation in the Solar Free model).
8. Payment Terms
Unless otherwise agreed, invoices are payable within 30 days of the invoice date without deduction. In the event of late payment, Free State AG is entitled to charge default interest of 5% per annum (Art. 104 of the Swiss Code of Obligations) as well as reasonable reminder and collection costs. For larger orders, Free State AG may require down payments or instalments, for example according to the following pattern: 30% upon contract conclusion, 60% upon material delivery, 10% after commissioning. The exact payment terms are stipulated in the individual contract. Under the Solar Free model, the monthly fee is payable in advance, as a rule by direct debit (LSV/Debit Direct).
9. Warranty and Guarantees
Free State AG warrants that the delivered products and services correspond at the time of delivery to the contractually agreed properties and are free from material defects and defects of title. The statutory warranty period is two years from delivery, or five years for immovable works (Art. 371 Swiss Code of Obligations). Defects must be reported in writing (info@freestate.ch) without delay, at the latest within 10 working days of discovery. In addition, the manufacturer's product guarantees for individual components apply. Where available, these are passed on to the Customer and supplement the statutory warranty. Indicative values are: • Solar panels (product guarantee): generally 10–25 years • Solar panels (performance guarantee): generally 25 years on a guaranteed minimum output • Inverters: generally 5–10 years, often extendable • Battery storage: generally 10 years product and capacity guarantee • Mounting system: generally 10–25 years • Heat pumps: generally 2–5 years, extendable depending on the manufacturer • Charging stations: generally 2–3 years • Installation work by Free State AG: 5 years on workmanship The specific guarantee conditions, claim conditions and any deductibles are set out in the manufacturers' guarantee certificates, which are handed over to the Customer with the final invoice or made available electronically. Excluded from the warranty are in particular damages caused by improper use, force majeure (storm, hail, lightning, where not insured), third-party interventions, normal wear and tear, and defects which the Customer has failed to report in time despite being prompted to do so.
10. Liability
Free State AG is liable for damages only in cases of willful intent and gross negligence. Liability for slight negligence is — to the extent permitted by law — excluded. Liability for indirect damages, consequential damages, lost profits, production losses or data losses is excluded to the extent permitted by law. The total liability of Free State AG per claim is limited to the contract value of the affected order or — under the Solar Free model — to the annual fee owed in the year in which the loss occurred. Mandatory liability under the Swiss Product Liability Act and for personal injury remains unaffected.
11. Data Protection
Free State AG processes personal data in accordance with the revised Swiss Federal Act on Data Protection (revFADP) and — where applicable — the EU General Data Protection Regulation (GDPR). Detailed information on data processing, the rights of data subjects and the third-party providers used (in particular Google Analytics, Hotjar, Google Maps and Swisscom Trust Services) can be found in our privacy policy at /privacy-policy.
12. Applicable Law and Jurisdiction
These GTC and all contracts between Free State AG and the Customer are governed exclusively by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC or the contracts based on them is Schaffhausen, Switzerland. Free State AG reserves the right to sue the Customer also at the Customer's domicile or at any other competent court. Mandatory places of jurisdiction under consumer protection law remain reserved.
13. Final Provisions
Should individual provisions of these GTC be or become invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose of the invalid provision. Free State AG reserves the right to amend these GTC at any time. The currently valid version is published on the website. For existing contracts, the version in force at the time of contract conclusion applies, unless the Customer expressly agrees to an amendment. The German version of these GTC is binding. Translations into other languages are provided for information purposes only.
Last updated: April 2026