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General terms and conditions as of December 1st, 2020 General terms and conditions of Power & Storage LiTec GmbH 1. Scope of application These terms and conditions apply to all sales from Power & Storage LiTec GmbH in the version valid at the time of the order. These general terms and conditions are part of all offers from Power & Storage LiTec GmbH. By submitting the offer, the client agrees that the General Terms and Conditions of Power & Storage LiTec GmbH take the place of his General Terms and Conditions. 2. Conclusion of contract (1) Orders (“binding orders”) from the customer are binding and only become effective once they have been accepted in writing (declaration of acceptance, order confirmation, invoice) by Power & Storage LiTec GmbH or the order has been executed by Power & Storage LiTec GmbH to the contract. These GTC are part of all declarations of acceptance by Power & Storage LiTec GmbH. Number 1 applies accordingly. The binding order of the customer is to be qualified as an offer according to § 145 BGB, Power & Storage LiTec GmbH can accept this in writing within 4 weeks, thereby the contract is then concluded. Claims for damages due to the rejection of an order are excluded. The non-binding order request at www.power-and-storage.de or by email at mail@power-and-storage.de or info@power-and-storage.de does not constitute an order. (2) To illustrations, drawings, calculations , programs stored on data carriers, etc., Power & Storage LiTec GmbH reserves the property rights and copyrights. These documents and/or data carriers and the data stored on them may not be made accessible to third parties. This applies in particular to documents and/or data carriers that are marked as confidential. Before passing them on to third parties, the client requires the express written consent of Power & Storage LiTec GmbH. (3) A confirmation of receipt of the binding order does not constitute a declaration of acceptance. It only informs about the receipt of the order documents. (4) If the subject of the contract is to be firmly connected to a building or property as intended, the client declares that he is the owner of the building/property or that he is authorized to conclude the contract by the property owner. The client will inform Power & Storage LiTec GmbH without being asked and immediately about the ownership rights or the change in ownership rights before the purchase price has been paid in full. 3. Installation, delivery and assembly time (1) The following provisions apply to assembly and installation, unless otherwise agreed in writing: The client must assume responsibility for and provide in good time at his own expense: a) all earthwork, construction - and other ancillary work not related to the industry, including the required skilled workers and assistants, building materials and tools, b) energy and internet access at the installation site or the place of use, including the necessary connections c) the customer has to protect the delivery and assembly personnel on the delivery point to take all necessary measures, d) before the start of the assembly work, the customer must provide all necessary information about the location of concealed power, gas, water lines or similar systems as well as any necessary static information without being asked. Before the start of the installation, all preparatory work to be carried out by the client must have progressed so far that the installation or assembly can be started as agreed and carried out without interruption. (2) The delivery and assembly periods are specified in the binding order. The seller can exceed the aforementioned assembly and delivery date by 4 weeks. Compliance with the delivery obligations presupposes the timely and proper fulfillment of the customer's obligations. He must ensure that all necessary permits are granted. For the installation of the system, official building permits may be required, which must be provided by the customer. Compliance with the delivery time specified by Power & Storage LiTec GmbH therefore requires the clarification of all technical questions as well as the timely and proper fulfillment of the customer's obligations, in particular the timely receipt of all documents to be provided by the customer for registration with the responsible network operator , Compliance with the agreed terms of payment, in particular the receipt of an agreed down payment, security deposit or any letters of credit. If these requirements are not met in good time, the delivery time will be extended accordingly. (3) In the event of later changes to the contract that affect the delivery time, this will be extended appropriately. The same applies to delays in delivery as a result of force majeure, i.e. if Power & Storage LiTec GmbH is prevented from fulfilling the delivery obligation due to the occurrence of unforeseeable, extraordinary circumstances - which could not be avoided despite the care that was reasonable under the circumstances - regardless of whether these were at Power & Storage LiTec GmbH or an upstream supplier, such as general labor shortages, strikes, lockouts, operational disruptions, transport difficulties, shortages of essential raw materials, pandemics, mobilization, war, riots, etc. Both contracting parties undertake to inform each other of any processing difficulties or delays that may occur of the execution of the contract immediately. (4) Partial deliveries are permitted in any case, provided they are reasonable for the customer. (5) In the case of an agreed financing service according to Section 6 of these General Terms and Conditions, the start of the delivery period differs from receipt of the financing confirmation from the bank and payment of the down payment due from the conclusion of the contract. (6) Power & Storage LiTec GmbH can use third parties to fulfill its obligations. 4. Acceptance (1) If assembly is commissioned, the client is obliged to accept it immediately after completion. Acceptance may not be refused due to insignificant defects. Power & Storage LiTec GmbH can set a reasonable deadline for submitting the declaration of acceptance, after which the service is deemed to have been accepted. (2) At the request of Power & Storage LiTec GmbH, the customer is obliged to accept part of the goods. Commissioning of the subject matter of the contract and/or use by the customer is always to be seen as acceptance of the service, unless the execution of a trial operation has been expressly agreed with the customer in an individual contract. (3) All products are manufactured in accordance with the state of the art. We reserve the right to make technical changes and changes in shape, color and/or weight within reasonable limits, this applies in particular if the exchange of certain battery types or elements is advantageous for the customer and corresponds to the state of the art and no additional costs arise for the customer. (4) Unless otherwise agreed, Power & Storage LiTec GmbH bears the risk until delivery/acceptance of the subject of the contract. In the case of dispatch, the delivery is deemed to have been accepted when the dispatch service provider signs/accepts the consignment. With the delivery/acceptance of the part of the subject matter of the contract, the risk for this part is transferred to the customer. If the subject matter of the contract is damaged or destroyed after delivery to the customer and before acceptance due to force majeure or other unavoidable circumstances for which Power & Storage LiTec GmbH is not responsible, Power & Storage LiTec GmbH is entitled to payment for the work carried out so far and the other costs incurred . In particular, this work also includes all services connected with the customer's structural system and included in their substance, regardless of their degree of completion. If the customer has claims against third parties due to the destruction or damage before acceptance, he undertakes to assign these to Power & Storage LiTec GmbH at the request of Power & Storage LiTec GmbH - insofar as this is legally permissible. 5. Terms of payment (1) The purchase price owed for the ordered goods is a lump sum plus the value added tax applicable at the time of delivery. (2) Unless terms of payment have been expressly agreed with the customer, payment must be made by bank transfer to the account of Power & Storage LiTec GmbH as follows: 70% (including VAT) of the purchase price after receipt of the order confirmation and invoice , 30% (incl. VAT) upon notification of readiness for dispatch. For special orders, 100% deposit (incl. VAT) is due upon order confirmation and invoice. Other, individual terms of payment can also be agreed. However, this requires the written form and a separate written consent on our part. In particular, deviating payment methods specified in the general terms and conditions of purchase and business require our express written consent. (3) A discount deduction is not permitted unless this has been expressly agreed in writing with the client by signature. (4) If payment is not made on time, Power & Storage LiTec GmbH is entitled to stop its work and to remove uninstalled material from the construction site at the expense of the client. (5) The customer can only offset claims that are undisputed, legally established or recognized by us. The client can only assert a right of retention if this is based on claims arising from the contract. Existing claims of the customer against Power & Storage LiTec GmbH may not be assigned without the consent of Power & Storage LiTec GmbH. 6. Financing (1) If the financing service is used, Power & Storage LiTec GmbH will provide the client with evidence of credit institutions that finance the subject matter of the contract. The client can withdraw from the order if the credit institutes proven by Power & Storage LiTec GmbH do not promise the required credit funds within a reasonable period (three months) or finally reject the credit request. Until this financing commitment has been made, the customer will not be in arrears with his payment obligations in accordance with Section 5 of the contract. The right of withdrawal does not apply if the customer violates his obligations to cooperate and the loan is therefore not granted. A statutory right of withdrawal of the customer remains unaffected. (2) The client undertakes to submit all necessary applications, provide documents and make all necessary declarations to enable financing. Power & Storage LiTec GmbH will forward the documents required by the banks and support the loan application with the necessary preliminary work. (3) In the event of an application for funding, Power & Storage LiTec GmbH will support the application. If the funding is not provided, the client has no right of withdrawal. The client is advised to have the eligibility for funding certified by the funding agency before placing the binding order. Consumers within the meaning of § 13 BGB are given the following instructions on cancellation: Instructions on cancellation Right of cancellation: You can revoke your contract declaration within 14 days without giving reasons by means of a clear declaration. The period begins after receipt of this instruction on a permanent data medium, but not before the conclusion of the contract and not before fulfillment of our information obligations according to Article 246b § 2 Paragraph 1 in conjunction with Article 246b § 1 Paragraph 1EG BGB. To meet the cancellation deadline, sending the cancellation in good time is sufficient if the declaration is made on a durable medium (e.g. letter, fax, e-mail). The revocation must be sent to: Power & Storage LiTec GmbH Schöne Aussicht 18 65597 Hünfelden Email: info@power-and-storage.de Consequences of revocation: In the event of an effective revocation, the mutually received services must be returned. You are obliged to pay compensation for the service provided up to the point of revocation if you were informed of this legal consequence before submitting your contractual declaration and you have expressly agreed that we begin to perform the consideration before the end of the revocation period. If there is an obligation to pay compensation, this can mean that you still have to fulfill the contractual payment obligations for the period up to the revocation. Your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice, for us when we receive it. Special notes: If you revoke this contract, you are also no longer bound by a contract related to this contract if the related contract relates to a service provided by us or a third party on the basis of an agreement between us and the third party. End of cancellation policy 7. Guarantee / Warranty / Return (1) A material defect exists if the goods do not have the contractually agreed quality or are not suitable for the contractually agreed use. (2) Changes in the performance of the services and other changes that serve technical progress do not constitute defects. (3) Unless otherwise agreed and commissioned, recommendations as well as quantity and measurement recordings are generally non-binding by Power & Storage LiTec GmbH delivered. (4) Power & Storage LiTec GmbH is liable in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of its representatives or vicarious agents. (5) Power & Storage LiTec GmbH is liable in accordance with the statutory provisions if Power & Storage LiTec GmbH culpably breaches an essential contractual obligation. Liability is excluded for simple negligent violations of non-essential contractual obligations. (6) Insofar as the customer is entitled to compensation for damage instead of performance, the liability of Power & Storage LiTec GmbH is generally limited to compensation for foreseeable, typically occurring damage. The same applies if the customer is entitled to claims for damages instead of performance. (7) Liability for injury to life, limb or health remains unaffected. This also applies to mandatory liability under the Product Liability Act and liability due to fraudulent concealment of a defect or due to the assumption of a guarantee. (8) Power & Storage LiTec GmbH only assumes a guarantee for the condition of the item that goes beyond the statutory rights to rectify defects or that the item will retain a specific condition for a specific period of time if this has been specifically agreed in writing. (9) Performance and product guarantees from the manufacturers of the components used (such as electronic components and inverters) are granted exclusively by the respective manufacturer, unless otherwise agreed in writing. After the warranty periods have expired, claims arising from these guarantees must be made directly against the respective manufacturer. (10) Any further liability is excluded regardless of the legal nature of the asserted claim. In particular, sonnen is not liable for damage that has not occurred to the goods themselves, e.g. B. lost profits and other financial losses. (11) Insofar as liability is excluded or limited, this also applies to the personal liability of employees, workers, employees, representatives and vicarious agents of Power & Storage LiTec GmbH. (12) If the review of the notice of defects shows that a warranty case does not exist, the costs incurred as part of the review and service provision are to be borne by the customer. (13) The statutory limitation period for claims for defects applies. (14) Insofar as liability for damages that are not based on injury to life, limb or health of the customer is not excluded for slight negligence, such claims shall become statute-barred within one year from the time the claim arose. (15) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims. (16) If you are an entrepreneur, the following applies in deviation from the above warranty regulations: a) Only our own information and the product description of the manufacturer are deemed to be agreed as to the quality of the item, but not other advertising, public promotions and statements by the manufacturer. b) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods. c) The warranty period is six months from delivery of the goods. The shortening of the deadline does not apply: - to culpably caused damage from injury to life, limb or health and to other damage caused intentionally or through gross negligence; - insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item; - for items that have been used for a building in accordance with their normal use and have caused its defectiveness; - in the case of statutory rights of recourse that you have against us in connection with warranty rights. (17) In the event of defective performance or delivery, the contractor has the right to choose between eliminating the defects free of charge or delivering a replacement free of charge in exchange for taking it back. If the rectification of the defect is unreasonable for Power & Storage LiTec GmbH or if it is impossible or if it would require a disproportionate amount of effort and if Power & Storage LiTec GmbH therefore refuses it, the customer can notify Power & Storage LiTec GmbH reduce the remuneration (§ 638 BGB). Insofar as the customer sets Power & Storage LiTec GmbH a deadline for rectification, this must be reasonable. It must be taken into account whether certain parts of the goods are to be manufactured or procured individually. (18) Power & Storage LiTec GmbH does not grant a guarantee unless this has been expressly agreed with the client. If manufacturers grant guarantees, the guarantee documents will be handed over by Power & Storage LiTec GmbH. (19) Old batteries contain valuable raw materials that can be recycled. We will take back the delivered batteries free of charge. To do this, send us the old batteries free of charge to the following address: Power & Storage LiTec GmbH Schöne Aussicht 18 65597 Hünfelden 8. Liability (1) If the subject matter of the contract is at fault as a result of omitted or incorrect execution of suggestions and consultations made before or after the conclusion of the contract or by the violation of other contractual ancillary obligations - in particular instructions for the operation and maintenance of the delivery item - cannot be used by the customer, the following regulations shall apply accordingly to the exclusion of further claims by the customer. (2) Power & Storage LiTec GmbH is only liable – for whatever reason – for damage that did not occur to the subject of the contract itself: a) in the case of intent b) in the event of gross negligence on the part of the owner/organs or executives c) culpable injury to life, limb and health d) in the case of defects which were fraudulently concealed or the absence of which was guaranteed by Power & Storage LiTec GmbH, e) in the case of defects in the delivery item, insofar as liability is assumed under the Product Liability Act for personal injury or property damage to privately used items will. In the event of our liability due to slightly or grossly negligent violation of essential contractual obligations, our liability is limited to the amount of the contract-typical, reasonably foreseeable damage. If we negligently violate an essential contractual obligation, our obligation to compensate for property damage or personal injury is also limited to the compensation provided by our product liability insurance. Power & Storage LiTec GmbH will provide evidence of the liability insurance taken out on request. Further claims are excluded, in particular any claims for financial loss including lost profits. 9. Withdrawal/damages (1) Power & Storage LiTec GmbH can withdraw from the contract if the customer fails to perform an action incumbent on him (obligation to cooperate pursuant to § 642 BGB) and despite a reminder and a reasonable grace period, does not fulfill it and Power & Storage LiTec GmbH is unable to fulfill the agreed services. The withdrawal must be made in writing. (2) Power & Storage LiTec GmbH is also entitled to withdraw from the contract if the customer does not fulfill a payment obligation incumbent on him despite a reminder and a reasonable grace period. (3) If the customer does not fulfill the contract without being entitled to do so, Power & Storage LiTec GmbH can demand damages instead of performance after withdrawing from the contract. The claim for damages is a flat rate of 15% of the agreed net purchase price. The claim for damages can be set higher if Power & Storage LiTec GmbH can prove greater damage. The claim for damages is to be set lower, possibly reduced to zero, if the client can prove less damage. 10. Retention of title (1) Power & Storage LiTec GmbH retains title and right of disposal to all delivery and service items until all payments have been received. If a partial acceptance is made, ownership shall pass upon receipt of all payments required in this regard. (2) Insofar as the delivery or service items have become an essential part of the client's property, the client undertakes, at the request of Power & Storage LiTec GmbH, to allow the items to be dismantled if the agreed payment dates are not met or, in the case of joint ownership by third parties, to obtain permission and to transfer ownership of these objects back to Power & Storage LiTec GmbH or to have them transferred. The customer then bears the cost of dismantling. 11. Data protection (1) Power & Storage LiTec GmbH will use the customer's personal data confidentially and in compliance with the provisions of the Federal Data Protection Act. The personal data is stored by Power & Storage LiTec GmbH and, if necessary, made available to service partners as part of the contract processing. In addition, data will only be passed on to third parties if this is permitted by law or if the customer has given his consent. Data protection-related consent given by the customer can be revoked at any time with effect for the future. The client is entitled to have his data deleted altogether, provided that the storage is not necessary for the execution of contracts that have not yet been completed or insofar as Power & Storage LiTec GmbH has to store it due to statutory storage and accounting obligations. In this case, however, the data will be blocked. (2) The customer has the right to request information about the scope and use of his data at any time. Should the customer wish to have his personal data changed, corrected or deleted, he can contact Power & Storage LiTec GmbH for this purpose. 12. Final Provisions (1) The law of the Federal Republic of Germany shall apply, excluding the UN Sales Convention (CISG). This does not affect the mandatory provisions of the state in which the client has his habitual residence. (2) The place of jurisdiction is the registered office of Power & Storage LiTec GmbH, insofar as the customer is a registered trader. The same applies if the customer is not domiciled or domiciled in the Federal Republic of Germany when the action is filed. (3) Should individual provisions of this contract be or become wholly or partially invalid or void, this shall not affect the validity of the remainder of the contract. The parties undertake to replace the ineffective or void provision with an effective provision that comes as close as possible to the intended economic purpose. The same applies in the case of a gap that needs to be filled.