General Terms and Conditions

This English translation is provided for convenience. In case of doubt, the German version shall prevail.

Contents

Provider, scope, contract languages
Conclusion and content of the contract
Prices and payment
Set-off and retention
Delivery, passing of risk, partial deliveries, export control
Delivery periods and dates; reservation of self-supply; delay in delivery
Force majeure
Retention of title
Intellectual property and rights of use
Right of withdrawal for consumers in distance contracts
Obligations of the customer
Notification of material defects in written or text form by merchants
Claims of consumers for material defects and defects of title
Claims for material defects and defects of title by customers who are not consumers
Liability of Solectric
Use of vicarious agents
Place of performance, place of jurisdiction and applicable law
Dispute resolution for contracts with consumers

1. Provider, scope, contract languages

1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all contracts of Solectric GmbH (“Solectric”) for deliveries and services by Solectric, unless agreements deviating from them have been made. The address, contact details and other provider information of Solectric can be found at the end of these GTC.

1.2. The GTC apply irrespective of whether contracts are concluded between persons present, e.g. in a retail shop, in electronic commerce, e.g. via an online shop operated by Solectric, or in any other manner.

1.3. The GTC apply to consumers and traders, and also to legal entities under public law or special funds under public law. Pursuant to Section 13 of the German Civil Code (BGB), a “consumer” is any natural person who concludes the contract for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. Pursuant to Section 14 BGB, a “trader” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity. All parties that conclude contracts with Solectric for its deliveries and services are hereinafter collectively referred to as “customers”.

1.4. When placing orders, in particular orders via an online shop, the customer must provide truthful and complete information as to whether they are ordering as a consumer, as a trader or as a legal entity under public law or special fund under public law. Natural persons may only place orders if they are of legal age.

1.5. Conflicting terms and conditions of the customer, or terms and conditions of the customer that deviate from the GTC, do not apply, in particular not even if Solectric accepts an order from a customer without objecting to the validity of such terms and conditions. Such terms and conditions only apply if Solectric expressly agrees to them in writing or in text form.

1.6. The contract languages are German and English. In case of doubt, the German version of the contract is authoritative for its interpretation.

2. Conclusion and content of the contract

2.1. Unless stated otherwise therein, offers made by Solectric are non-binding. In particular, by presenting and advertising products in an online shop operated by it or in other advertising media, Solectric does not make a binding offer to sell specific products.

2.2. Contracts are concluded in accordance with the statutory provisions by corresponding declarations of the parties.

2.3. The customer may also place a binding order via an online shop provided by Solectric by clicking the “order with obligation to pay” button (or a button labelled in a similar manner). All orders are placed subject to the inclusion of these GTC.

2.4. Solectric may accept orders from the customer within one week of receipt, unless the order indicates otherwise; for orders placed by the customer via an online shop, the statutory provisions under Section 147 of the German Civil Code (BGB) apply to the acceptance period, according to which an order can only be accepted up to the point in time at which the person placing the order may expect to receive the reply under normal circumstances.

2.5. If the contract is concluded in electronic commerce, Solectric will confirm receipt of customers’ orders electronically without undue delay. Such a confirmation does not constitute acceptance of the order unless acceptance is declared in the confirmation at the same time.

2.6. A contract is concluded when Solectric accepts the customer’s order within the acceptance period (cf. clause 2.4.), e.g. by express declaration, by delivery, by a request for payment or by initiating a debit, or by accepting payments made; in each case, the act that occurs first in time is decisive for the conclusion of the contract. If Solectric accepts a customer’s order only after expiry of the acceptance period (cf. clause 2.4) or on terms other than those stated in the order, the contract is concluded when the customer accepts the late and/or deviating confirmation.

2.7. Repair orders are concluded when the customer submits a binding order on the basis of a non-binding cost estimate previously obtained from Solectric and Solectric accepts this order. In all other respects, the provisions of this clause 2 apply accordingly to such orders and their acceptance.

2.8. If the contract is concluded in electronic commerce, Solectric will not store the text of the contract after the conclusion of the contract in a form accessible to the customer. However, the customer will receive the order data and these GTC by email with the confirmation of receipt. The GTC can also be viewed on our website or requested from us.

2.9. Product and service descriptions by Solectric are not guarantees in the legal sense. Only guarantees given in writing or in text form and expressly designated as such are binding on Solectric.

2.10. Insofar as these GTC or other agreements made do not contain any provisions deviating from the statutory provisions, the applicable statutory provisions apply.

3. Prices and payment

3.1. The prices stated in euros apply. Prices stated in an online shop operated by Solectric that is accessible to consumers, or in other advertising materials or media also intended for consumers, include the value added tax payable by law.

3.2. Unless otherwise agreed, costs for shipping and, where applicable, customs clearance are added. Further details of the shipping costs incurred can be found in the order form for the respective product and here on the Solectric website. In the case of partial deliveries (clause 5.3), subject to the following sentence, the customer only incurs shipping costs for the first partial delivery and not for any further partial deliveries. However, if partial deliveries are made at the customer’s request, Solectric will charge shipping costs for each partial delivery.

3.3. The customer may pay the purchase price and any shipping costs or other remuneration incurred

by advance payment via bank transfer to the Solectric account stated in the online shop no later than two weeks after receipt of the invoice sent with the acceptance of the contract,
by credit card using one of the cards accepted in the order form,
via PayPal,
by granting a direct debit authorisation; in this case Solectric is entitled to collect the amount after the conclusion of the contract
or by “delivery against invoice” via bank transfer to the Solectric account stated in the online shop no later than two weeks after receipt of the invoice sent with the delivery of the goods. The “delivery against invoice” payment method is generally only available to customers with their place of residence or registered office in Germany against whom no claims from other orders are outstanding and whose delivery and billing addresses are identical. In addition, Solectric reserves the right to refuse “delivery against invoice” if, on the basis of the credit rating obtained from independent credit agencies for this payment method or on the basis of other specific indications, there are justified doubts as to sufficient ability or willingness to pay.

3.4. Solectric is entitled to issue invoices in electronic form, in particular by email.

3.5. If the customer is in default of payment, Solectric may claim default interest at the rate agreed, if any, but at least at the statutory rate. Solectric’s right to claim further damage and to assert other statutory remedies in accordance with the statutory provisions remains unaffected.

4. Set-off and retention

4.1. Solectric is entitled to the statutory rights of set-off and retention. In particular, under the statutory conditions Solectric is entitled to withhold its deliveries or services for as long as the customer does not fulfil their existing obligations towards Solectric arising from the underlying contract or another contract or any other legal basis.

4.2. Subject to the following sentence, the customer may only set off claims that are undisputed or have been finally established by a court. This restriction of the right of set-off does not apply to set-off with claims of the customer that arise from the same contract as Solectric’s counterclaim and that are in a reciprocal relationship with it (such as in the case of the customer setting off a claim for damages due to defective or late delivery against Solectric’s claim for remuneration for this delivery).

4.3. The customer’s right to refuse performance is excluded unless Solectric has already received remuneration corresponding to the value of the performance it has rendered, or the customer’s counterclaim on which the right to refuse performance is based is undisputed or has been finally established by a court.

5. Delivery, passing of risk, partial deliveries, export control

5.1. Unless otherwise agreed, Solectric is obliged to send deliveries and results of services to the customer by a carrier selected by it.

5.2. If the contract is not concluded with a consumer, the risk of accidental loss or accidental damage to the delivery or the result of services passes to the customer upon handover to the carrier, unless otherwise agreed. The above provisions also apply to services under a contract for work if dispatch of the result of services to a place other than the place of performance (cf. clause 17.1) has been agreed or if dispatch to a place other than the place of performance takes place at the customer’s request. However, the above provisions apply accordingly to contracts with consumers if the consumer has commissioned the carrier to carry out the transport and Solectric had not previously named this carrier to the consumer.

5.3. Solectric is entitled to make partial deliveries and/or render partial services, provided this does not significantly impair the customer’s interests. Solectric bears any additional shipping costs caused by partial deliveries or partial services.

5.4. Deliveries and services by Solectric are subject to the proviso that no export control regulations, embargoes or comparable sanctions stand in the way of them. At their own expense, the customer will provide the information and documents required for delivery or performance to them and, where applicable, for any onward transfer or export by the customer, and will make the necessary declarations (e.g. end-use declarations). Delays due to export checks or approval procedures are disregarded when calculating time limits and delivery times. If required approvals are not granted or if the customer, despite being set a reasonable deadline, fails to provide Solectric with any required information, documents or declarations, Solectric is entitled to rescind the contract concerned. In this case, the customer is not entitled to any claims for damages unless Solectric is responsible for the failure to grant a required approval. If the customer intends to resell a delivery or service from Solectric, in particular to export it or transfer it to another country, they will comply with all relevant regulations on export control, embargoes and comparable sanctions.

6. Delivery periods and dates; reservation of self-supply; delay in delivery

6.1. Delivery and performance periods and dates are only approximate periods or dates. They are only binding if they have been expressly agreed as binding.

6.2. Delivery and performance periods begin upon receipt by the customer of Solectric’s order confirmation, but not before the point in time at which Solectric has all the information required for delivery or performance, the necessary acts of cooperation by the customer have been performed and any advance payments due have been made.

6.3. Delivery times are extended by the period during which the customer fails to comply, or complies only insufficiently, with their obligation or duty to cooperate in the proper performance of the contract, plus a reasonable start-up period after the cooperation has been provided.

6.4. Unless otherwise agreed, compliance with periods and dates is determined by the time of the passing of risk (cf. clause 5.2).

6.5. If, for reasons for which it is not responsible, Solectric is unable to make an ordered delivery or perform an ordered service, or is unable to do so on time, because a supplier or service provider fails to supply or perform, or supplies or performs late or defectively, even though Solectric concluded a corresponding purchase or covering contract with the supplier or service provider before the conclusion of the contract, Solectric is entitled to release itself from the delivery obligation by declaration. In this case, it will refund any payments already made without undue delay. If the customer has ordered as a consumer, Solectric is obliged in this case to inform the customer without undue delay that the item is unavailable.

6.6. If Solectric is in default as a result of simple or slight negligence, its liability for any damage caused by delay is limited to typical and foreseeable damage, whereby Solectric is liable at most up to an amount of 0.5 per cent of the net invoice amount of the part of the delivery or service affected by the default for each completed week of default, but in total at most up to an amount of five (5) per cent of this net invoice amount. The customer will inform Solectric, at the latest upon conclusion of the contract, of any obligations towards third parties to pay contractual penalties for delays. In all other respects, clause 15 applies to Solectric’s liability for default.

7. Force majeure

7.1. If Solectric is prevented, through no fault of its own, from making a delivery or performing a service on time by force majeure (as defined in clause 7.3) or other comparable unforeseeable circumstances, any delivery or performance periods are extended by the period during which the disruption continues, plus a reasonable start-up period after the disruption has ended. Sentence 1 applies accordingly if circumstances in the above sense occur at a vicarious agent, supplier or service provider of Solectric.

7.2. If the circumstances last for more than four months, both parties are entitled to rescind the contract. At the request of one party, the other party will declare within a reasonable period whether it will rescind the contract. For the avoidance of doubt, the customer has no claims for damages if deliveries or services are not provided due to force majeure or in the event of a rescission declared by Solectric in accordance with sentence 1. In all other respects, the consequences of a rescission declared by Solectric or the customer are governed by the statutory provisions.

7.3. The term “force majeure” includes in particular war, civil war, acts of terrorism, sabotage, trade restrictions, embargoes, pandemics, epidemics, natural disasters or extreme natural events such as floods, explosions, fire, earthquakes, tsunamis, a failure of means of transport, telecommunications, information systems or energy supply that is more than merely temporary, boycotts, strikes and lockouts, insufficient supply of raw materials, components or labour, and other circumstances of a similar nature that are beyond Solectric’s control.

8. Retention of title

8.1. Delivered items remain the property of Solectric until the purchase price has been paid in full. In the case of contracts with business customers, the provisions set out below in clauses 8.2 to 8.7 also apply; these do not apply to transactions with consumers.

8.2. Ownership of deliveries and results of services (“goods subject to retention of title”) only passes to the customer once all claims of Solectric arising from the business relationship with the customer, including, for example, ancillary claims and claims for damages, have been satisfied. The retention of title also remains in place if individual claims of Solectric are included in a current account and the balance is drawn. The retention of title relates to both the actual balance and the acknowledged balance.

8.3. The customer always carries out any processing or transformation of goods subject to retention of title on behalf of Solectric as manufacturer within the meaning of Section 950 of the German Civil Code (BGB). If the goods subject to retention of title are processed, combined or inseparably mixed or blended with other items not belonging to Solectric, Solectric acquires co-ownership of the new item in fractional shares, namely in the ratio of the value of the goods subject to retention of title to the value of the goods of the customer or third parties not owned by Solectric. If, in the cases referred to in sentence 2, the customer acquires sole ownership by operation of law of the new uniform item created using the goods subject to retention of title, the customer transfers co-ownership to Solectric in accordance with the share set out in sentence 2 as security for the claims referred to in clause 8.1 and holds the item in safe custody for Solectric free of charge. In all other respects, the provisions on goods subject to retention of title apply accordingly to the new item created by processing, combination or mixing.

8.4. The customer may sell the goods subject to retention of title in the ordinary course of business. However, they may not pledge the goods subject to retention of title or transfer ownership of them to others by way of security without Solectric’s consent declared in writing or in text form. In the event of seizure of the goods subject to retention of title by third parties, the customer must notify Solectric in writing or in text form without undue delay.

8.5. Upon conclusion of a contract, but at the latest upon receipt of the goods subject to retention of title from Solectric, the customer already assigns to Solectric by way of security all claims against their purchasers arising from the resale of the goods subject to retention of title. Solectric authorises the customer to collect claims assigned to Solectric. However, despite this authorisation, Solectric remains entitled to collect the claim. If the customer is in default of payment, suspends their payments or if an application has been filed to open insolvency proceedings over the customer’s assets, Solectric may revoke the collection authorisation. In the event of revocation, the customer will, at Solectric’s request, provide Solectric with the information required to assert the assigned claims, hand over all documents serving as evidence of the claim and disclose the assignment. In this case, Solectric is also entitled to disclose the assignment.

8.6. If the customer is in default of payment, Solectric may demand the return of the goods subject to retention of title if Solectric rescinds the contract on which the delivery is based no later than at the time of the demand for return. In this case, the customer will assign to Solectric any claims they may have against third parties for the return of the goods subject to retention of title.

8.7. At the customer’s request, Solectric will release securities to the extent that the realisable value of the securities existing for Solectric exceeds the claims to be secured by more than 10%.

9. Intellectual property and rights of use

9.1. The delivery of products or results of services by Solectric does not include the grant of any rights of use to copyrights, industrial property rights or other intellectual property that may exist in the products or results of services and in any product or service descriptions, drawings, operating instructions, product documentation, photos and the like that may have been supplied.

9.2. Where Solectric grants the customer rights of use as agreed, Solectric grants, unless otherwise agreed in writing or in text form, only simple (non-exclusive), non-transferable and non-sublicensable rights of use, which are limited to the purpose intended by the grant of rights. Rights to edit or adapt are granted only if this is expressly agreed in writing or in text form or is indispensable for the agreed purpose. Unless expressly agreed otherwise in writing or in text form, software licences include neither the right to adapt, arrange or otherwise modify the software nor an obligation on Solectric to transfer the source code of the software or make it accessible. Statutory exceptions and limitations remain unaffected.

10. Right of withdrawal for consumers in distance selling contracts

10.1. If the customer is a consumer (see clause 1.3 for the definition), the customer has a right of withdrawal subject to the conditions and in accordance with the statutory provisions, that is, in particular when purchasing products or commissioning services such as repairs by way of distance selling, for example via an online shop. It is expressly clarified that business customers (traders) have no right of withdrawal.

10.2. The right of withdrawal is governed by the statutory provisions and by the rules set out in detail in the following instructions on withdrawal applicable to withdrawal, for purchases (A. below) and for services, e.g. repair orders (B. below).

A. Instructions on withdrawal for purchases by consumers in distance selling

Instructions on withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good, the last lot or the last piece.

To exercise the right of withdrawal, you must inform us, Solectric GmbH, Ubstadter Straße 23, 76698 Ubstadt-Weiher, Germany, telephone (+49 7251 936930), email (info@solectric.de), of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless expressly agreed otherwise with you; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

End of the instructions on withdrawal

Information on the exclusion of the statutory right of withdrawal:

The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer, to contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, and to contracts where the consumer has expressly requested the trader to visit them in order to carry out urgent repair or maintenance work; this does not apply to further services provided during the visit which the consumer has not expressly requested, or to goods supplied during the visit which are not strictly necessary as spare parts for the maintenance or repair.

B Instructions on withdrawal for the commissioning of services by consumers in distance selling

Instructions on withdrawal:

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of withdrawal in respect of this contract, compared with the full scope of the services provided for in the contract.

End of the instructions on withdrawal

Information on the exclusion of the statutory right of withdrawal:

The right of withdrawal does not apply to contracts where the consumer has expressly requested the trader to visit them in order to carry out urgent repair or maintenance work; this does not apply to further services provided during the visit which the consumer has not expressly requested, or to goods supplied during the visit which are not strictly necessary as spare parts for the maintenance or repair.

Information on the early expiry of the right of withdrawal:

Your right of withdrawal expires early upon complete performance of the service if, before performance began, you expressly consented to our beginning performance of the service before the end of the withdrawal period, you transmitted this consent on a durable medium and you confirmed your acknowledgement that your right of withdrawal expires upon complete performance of the contract by us.

C. Model withdrawal form

Model withdrawal form

(If you wish to withdraw from the contract, please complete and return this form.)

To
Solectric GmbH
Ubstadter Straße 23
76698 Ubstadt-Weiher
Germany

Email: info@solectric.de

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

_______________________________________________________

Ordered on (*)/received on (*) ________________________________

Name of consumer(s) _______________________________

Address of consumer(s) _____________________________

Signature of consumer(s) (only if this form is notified on paper)

_______________________________________________________

Date _________________________________________________

_______________

(*) Delete as appropriate

11. Obligations of the customer

11.1. The customer shall use deliveries and services from Solectric only within the scope of their respective intended use. The customer shall observe the application and hazard notes, operating instructions and the like that are enclosed or otherwise made known to the customer in a suitable manner.

11.2. If specific statutory or regulatory requirements apply to the use, storage or disposal of deliveries and services or to any other handling of them (e.g. an obligation to register or to hold a licence or similar), the customer shall always comply with these requirements and shall use the delivery or service only in compliance with them.

12. Notification of material defects in writing or in text form by merchants

12.1. If the customer is a merchant, any notification of material defects in a delivery or in a work result provided by Solectric that is incumbent on the customer under Section 377 of the German Commercial Code (HGB), subject to the conditions set out therein, must be made in writing or in text form and should, where possible, contain a detailed description of the material defects complained of.

12.2. The customer may not rely on material defects which the customer has not notified to Solectric in accordance with clause 12.1.

13. Claims of consumers for material defects and defects of title

13.1. Solectric is liable to customers who are consumers (clause 1.3) for material defects and defects of title in accordance with the statutory provisions, unless otherwise provided below.

13.2. In the event of any material defects or defects of title in products delivered or work performed, consumers are entitled without restriction to all rights existing under the statutory provisions, but subject to the proviso that the customer may claim damages or reimbursement of wasted expenditure on account of defects only under the statutory conditions and only to the extent that liability exists under clause 15.

13.3. Any guarantees going beyond the statutory warranty rights remain unaffected.

14. Claims for material defects and defects of title by customers who are not consumers

14.1. Solectric is liable to customers who are not consumers for material defects and defects of title in accordance with the statutory provisions, unless otherwise provided below.

14.2. In the cases referred to in clause 14.1, Solectric fulfils its warranty obligations by subsequent performance, namely, at its option, by remedying the material defect or defect of title or by delivering an item or work result free from defects. In the case of defects of title, Solectric may also effect subsequent performance by defending against third-party claims or by procuring any rights that may be required.

14.3. If subsequent performance fails, the customer may, at its option, demand a reduction of the remuneration (price reduction) or, where there is a material defect or defect of title that is more than merely insignificant for the intended use, rescind the contract. The customer may claim damages or reimbursement of wasted expenditure on account of material defects or defects of title only in accordance with the statutory provisions and only if and to the extent that a claim for damages or reimbursement of expenditure exists under clause 15. Any further claims on account of material defects or defects of title are excluded.

14.4. Claims of the customer for subsequent performance or reimbursement of wasted expenditure on account of material defects or defects of title become time-barred one year after the statutory commencement of the limitation period, unless Solectric fraudulently concealed the material defects or defects of title or caused them intentionally or through gross negligence, or Solectric is liable on the basis of a guarantee or, owing to a defect, for injury to life, body or health.

14.5. Any guarantees going beyond the statutory warranty rights remain unaffected.

15. Liability of Solectric

15.1. Solectric is liable in accordance with the statutory provisions, irrespective of the legal grounds, in cases of intent or gross negligence and in the event of injury to life, body or health. Likewise, any liability of Solectric under the German Product Liability Act remains unaffected by the following limitations and exclusions of liability. In the case of a contractually assumed guarantee, Solectric is liable in accordance with the terms of the guarantee and, in addition, in accordance with any applicable statutory provisions.

15.2. In cases of simple and slight negligence, Solectric is liable for damages and reimbursement of wasted expenditure, unless otherwise provided in clause 15.1, only in the event of a breach of a contractual obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely (so-called cardinal obligation). Solectric's liability under sentence 1 is limited, unless otherwise provided in clause 6.6 for damage caused by delay, to compensation for the foreseeable and typical damage. In all other cases, Solectric's liability is excluded, subject to the provision in clause 15.1.

15.3. If the customer did not conclude the contract as a consumer (clause 1.3), claims for damages and reimbursement of wasted expenditure against Solectric under clauses 6.6 and 15.2 become time-barred one year after the statutory commencement of the limitation period.

15.4. The above limitations and exclusions of liability also apply in favour of the officers, employees and shareholders of Solectric.

16. Use of vicarious agents

16.1. Solectric may engage or replace vicarious agents without the prior consent of the customer.

16.2. Solectric is liable for the fault of vicarious agents as for its own fault within the scope of the exclusions and limitations of liability set out in these GTC or in any special agreements that may exist.

17. Place of performance, place of jurisdiction and applicable law

17.1. Unless otherwise agreed, the place of performance for all deliveries and services of Solectric is Solectric's registered office.

17.2. Contracts between Solectric and the customer to which these GTC apply, and all disputes arising from or in connection with such contracts, are governed by German law, excluding the application of conflict of laws rules of German private international law that would lead to the application of another legal system. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is likewise excluded, unless otherwise agreed. If the customer concluded the contract as a consumer and had their habitual residence in another EU country or in Switzerland at the time of their order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made in sentence 1.

17.3. The exclusive place of jurisdiction for all disputes arising from or in connection with contracts subject to these GTC is Solectric's registered office if the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany. In the aforementioned cases, Solectric may also sue the customer at the customer's general place of jurisdiction.

18. Dispute resolution for contracts with consumers

In accordance with existing statutory requirements, Solectric points out the following:

Solectric does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.

Last updated: 1 August 2023

Solectric GmbH
Ubstadter Straße 23, 76698 Ubstadt-Weiher, Germany

Managing Directors: Denis Hausberger, Olaf Kappler
Commercial Register: AG Mannheim HRB 715932
Telephone: +49 7251 936930
Email: info@solectric.de