General Terms and Conditions of Solarcraft GmbH (B2B)

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                                        <h1>General Terms and Conditions of Solarcraft GmbH (B2B)</h1>
<hr>
<h2>1. Scope of Application</h2>
<p>(1) These terms and conditions apply to entrepreneurs, legal entities under public law, or special funds under public law (hereinafter referred to as "Customer").</p>
<p>(2) Our deliveries, services, and offers are made exclusively based on these sales and delivery conditions. They also apply to all future transactions with the Customer, provided they involve legal transactions of the same or related nature.</p>
<p>(3) The Customer's business or purchasing conditions are hereby rejected.</p>
<h2>2. Offer and Conclusion of Contract</h2>
<p>(1) Our offers are non-binding.</p>
<p>(2) An order by the Customer, qualifying as an offer to conclude a contract, can be accepted by us within two weeks by sending a written confirmation or by executing the contractual service within the same period.</p>
<p>(3) Drawings, illustrations, dimensions, weights, or other performance data are binding only if expressly agreed upon in writing.</p>
<h2>3. Delivery</h2>
<p>(1) Our delivery obligations are subject to the correct and timely self-supply.</p>
<p>(2) We are entitled to make partial deliveries and render partial services. </p>
<p>(3) Delivery times are approximate. Delivery periods commence only after complete clarification of all execution details and presuppose the timely and proper fulfillment of the Customer's obligations.</p>
<p>(4) If the Customer is in default with the retrieval, acceptance, or collection of the goods, we are entitled to demand compensation for the damages incurred; upon the occurrence of acceptance default, the risk of accidental deterioration and accidental loss passes to the Customer.</p>
<h2>4. Prices and Payment</h2>
<p>(1) Our prices are ex works or warehouse, plus freight and applicable value-added tax. Agreed ancillary services will be invoiced additionally.</p>
<p>(2) We are entitled to increase the total price according to Paragraph 1 in the event of cost increases of any kind occurring after the conclusion of the contract or price increases in the purchase prices. The Customer agrees to the passing on of price increases to them.    </p>
<p>(3) Our invoices are due for payment immediately and without deduction.</p>
<p>(4) The Customer can only set off against our claims with undisputed, acknowledged, and legally established claims. The Customer is not authorized to exercise a right of retention.</p>
<p>(5)  If the Customer is in default with a payment, the statutory provisions apply with the proviso that, contrary to § 288 (2) of the German Civil Code (BGB), the default interest rate is twelve percentage points above the base interest rate according to § 247 BGB.</p>
<h2>5. Transfer of Risk in Case of Shipment</h2>
<p>(1) If the goods are shipped at the Customer's request, the risk of accidental loss or deterioration of the goods passes to the Customer upon dispatch to the Customer, at the latest upon leaving the works/warehouse. This applies regardless of who bears the freight costs.
</p><p>(2)  If the shipment is delayed at the Customer's request, the risk passes to the Customer upon notification of readiness for delivery.</p>
<h2>6. Retention of Title</h2>
<p>(1) Until full payment of all current and future claims arising from the business relationship, the delivered goods remain our property (reserved goods). In the case of multiple claims or a current account, the retention of title serves as security for the balance claim, even if individual deliveries have already been paid for.</p>
<p>(2)  In the event of the Customer's contractual non-compliance, e.g., payment default, we have the right to reclaim the reserved goods after setting a reasonable deadline. If we reclaim the reserved goods, this constitutes a withdrawal from the contract. We are entitled to dispose of the reserved goods after their reclamation. After deducting a reasonable amount for the costs of disposal, the proceeds from the disposal will be set off against the amounts owed to us by the Customer.</p>
<p>(3) If third parties access the reserved goods, especially through seizures, the Customer shall indicate our ownership and inform us immediately so that we can enforce our ownership rights.</p>
<p>(4) The Customer is entitled to process and sell the reserved goods in the ordinary course of business as long as they are not in default. Pledges or transfers by way of security are not permitted. The Customer hereby assigns to us, by way of security, the claims arising from the resale or any other legal basis (insurance, unlawful act) with regard to the reserved goods in full. We irrevocably authorize the Customer to collect the assigned claims in their own name for our account. The authorization to collect ceases if the Customer does not duly fulfill their payment obligations, encounters payment difficulties, enforcement measures are taken against them, or insolvency proceedings are initiated or rejected due to lack of assets.</p>
<p>(5) Processing or transformation of the goods is always carried out on our behalf, but without obligation for us. If the delivered items are processed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered items compared to the other processed items at the time of processing. If the delivered items are combined or inseparably mixed with other items not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered items compared to the other connected or mixed items. If the Customer's item is to be regarded as the main item in the case of combination or mixing, it is agreed that the Customer transfers proportional co-ownership to us. The Customer shall hold the co-ownership thus created in safe custody for us.</p>
<p>(6) We are obliged to release the securities to which we are entitled to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%; we are responsible for selecting the securities to be released.</p>
<h2>7. Warranty and Guarantees</h2>
<p>(1) We do not provide any guarantees for the absence of defects in the purchased item. </p>
<p>(2) The Customer is not entitled to any warranty claims. The Customer's warranty claims are excluded. The Customer expressly waives the rights to subsequent performance (rectification/replacement), rescission, reduction, and damages due to defects in the purchased item upon the transfer of risk.</p>
<h2>8. Liability</h2>
<p>We shall only be liable for damages arising if they are based on a breach of a material contractual obligation or intentional or grossly negligent conduct by us, our legal representatives, or vicarious agents. If a material contractual obligation is negligently violated, our liability is limited to the foreseeable, typical damage. Liability for further damages is excluded. Liability for willful violation of life, body, or health remains unaffected according to statutory provisions.
<h2>9. Place of Performance/Jurisdiction/Applicable Law</h2>
<p>(1) The place of performance for all delivery obligations on our part and for the other contractual obligations of both parties is our place of business.</p>
<p>(2) This contract, these terms and conditions, and the entire legal relationship between the Customer and us are subject to the law of the Federal Republic of Germany, excluding all references to other legal systems and international agreements. The applicability of the UN Convention on Contracts for the International Sale of Goods is excluded.</p>
<p>(3) For all disputes arising from this contractual relationship, the jurisdiction is our place of business. However, we are also entitled to sue the Customer at their place of business.</p>
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