Solarpower GmbH
Zum Plom 2
08529 Plauen
Tel.: +49 (0) 3741 / 41 54 - 0
Fax.: +49 (0) 3741 / 41 54 - 54

Email: info(at)solarpower-gmbh.de
Internet: www.solarpower-gmbh.de

Management
Dipl.-Ing. Josef Stauner

§ 1 Application of the terms and conditions

The deliveries, services, and offers of the Seller are carried out exclusively on the basis of these terms and conditions of the company Solarpower GmbH. These thus also apply to all future business relations, even if they are not explicitly agreed upon again. These conditions are taken as accepted at the latest when the product or service is received. Conflicting terms on the part of the customer are not recognised by Solarpower GmbH.

§ 2 Offer and conclusion of the contract

The offers of the Seller are subject to confirmation and not binding. The Seller is bound by specially devised offers for a period of 30 calendar days. In order to be legally effective, declarations of acceptance and all orders require written confirmation from the Seller. The same applies for extensions, changes, or additional agreements. Pictures, diagrams, dimensions, weights and other performance data are only binding if this is explicitly agreed in writing.

§ 3 Prices

Unless stated otherwise, the Seller is bound by the prices named in its offers for a period of 30 days from the date of the offer. The prices named in the Seller’s order confirmation plus the statutory VAT at the time of the delivery or service are binding. Further deliveries and services are calculated separately. The prices given do not, unless it has been agreed otherwise, include postage and packing. If at least four months have passed between the conclusion of the contract and the delivery of the product, the Seller may raise the purchase price by an amount which corresponds to the rise in the cost-of-living index over the same period.

§ 4 Delivery and service times

The deadlines and time periods named by the Seller to traders are not binding, unless otherwise agreed in writing. The deadlines and time periods are extended in order to allow a suitable amount of time in case of unforeseen obstacles (e.g. disrupted operations, interference by a public authority, industrial action, an important piece of work becoming defective, war, strikes, lock-outs, political unrest, obstructions to transport, fire damage, disrupted operations and accidents in our company, or problems with materials which could not be avoided despite reasonable care, whether these have occurred in our company or at the premises of the subcontractor. Claims for damages due to extra costs through delayed delivery, e.g. for overtime which is subject to a surcharge or extra transport costs, are excluded, as are demands of this kind from the subsequent purchaser.

The following applies to traders:

The Seller is not responsible for delays to delivery and payment due to force majeure, or due to events which make the delivery considerably more difficult or impossible for the Seller, even if binding time periods and delivery deadlines have been agreed. They permit the Seller to delay the delivery or service for the duration of the hindrance plus an appropriate start-up period, or to withdraw from the contract in full or in part due to the part that has not been fulfilled. The Seller is always permitted to carry out partial services or deliveries.

§ 5 Passing of risk

The risk passes over to the Buyer as soon as the consignment has been handed over to the person carrying out the transportation, or has left the Seller’s warehouse. In the event of dispatch being impossible without culpability on the part of the Seller, the risk shall pass to the Buyer upon notification of availability for dispatch.

§ 6 Guarantee

The Seller guarantees that the products he delivers are free from manufacturing faults. The period of guarantee is for 24 months as of 01/01/2002, and begins on the date of delivery. The Buyer must inspect the consignment for damages in transport immediately upon arrival, and inform the Seller of any damages or losses immediately by making a statement of the facts with the carrier, or a statutory declaration which must be signed by two witnesses and by the customer. In addition, the Seller must be informed immediately in writing of any obvious defects, or at the latest within two weeks of the delivery. The defective goods must be kept in the condition which they are in when the defect is noticed for inspection by the Seller, and if necessary, sent back to the Seller. All guarantees exclude the delivery of used goods. The return must be prepaid. Goods for which the return has not been prepaid will not be accepted. The warranty includes all delivered goods. Transport and mounting costs as well as other additional costs are excluded from warranty.

Extension of guaranty

We offer you a 5-year guaranty on heat pipe tubes as well as a 10-year guaranty on glass breakage. Guaranty begins with commissioning of the installation. Transport and mounting costs are not included in the guaranty.

§ 7 Retention of title

The delivered goods remain the property of the Seller until full payment has been received for all existing and future claims against the Buyer for any legal reason. The Buyer is entitled to resell the goods subject to reservation of title in the course of ordinary business activities, as long as he is not behind schedule. Pledging or transfer by way of security is not permitted. The Buyer hereby assigns any claims against third parties with respect to the reserved goods resulting from their resale or any other legal reason to the Seller in their full scope by way of security. The Seller hereby gives the Buyer the revocable right to collect the claims assigned to him in its own name for its account. Upon request by the Seller, the Buyer shall disclose the assignment and provide it with the necessary information and documents. If the Buyer acts in breach of the contract, in particular in the case of payment default, the Seller is entitled to take back the reserved goods at the expense of the Buyer or, if necessary, to demand the assignment of the Buyer’s claim for return against a third party. Reclaim or attachment of the reserved item by the Seller does not constitute withdrawal from the contract – as long as the Hire Purchase Act does not apply.

§ 8 Payment

Unless otherwise agreed, the Seller’s invoices are to be paid 100% by prepayment without deduction. If a cash discount is expressly agreed, a 2% discount for cash payment may be deducted. First-time customers pay for the goods by collection only cheque or cash on delivery. If the Buyer falls into default, the Seller is entitled, as of that time, to calculate interest at the rate calculated by the commercial banks for open current account credits, or at least at 5% over the bank rate of the Deutsche Bundesbank (German Federal Bank) plus statutory VAT.

§ 9 Structural changes

The Seller reserves the right to carry out structural changes and/or improvements; however it is not obliged to carry out such changes on products which have already been sent out.

§ 10 Liability

Liability for minor negligence is excluded. This also applies to damages resulting from breach of duty in contract negotiations.

§ 11 Place of jurisdiction

Plauen is agreed as the place of jurisdiction for all disputes arising from this legal transaction.

Severability clause

If one or several of the aforementioned terms should be or become invalid, this shall not affect the validity of the remaining terms. The invalid term is to be replaced by a valid one which realises its economic purpose as far as is possible.