General Terms and Conditions
General terms and conditions for deliveries and services of Petit Monde Energy,c/o Murdoch Consulting GmbH, Josef-Fischhaber-Str. 49c, 82319 Starnberg,Germany (Seller)
Preamble
The Seller’s deliveries and services are subject to these General Terms and Conditions.
Part 1: General provisions and provisions for the purchase of charging equipment and other contract items
§ 1 Scope; Conclusion of contract
(1) These General Terms and Conditions apply to the sale and construction of contractual items by the Seller, unless expressly agreed otherwise between the parties. If the Buyer provides different contractual conditions, these will not become part of the contract even if the Seller does not object to them. The inclusion of different contractual conditions of the Buyer requires the Seller's written consent.
(2) The contract is concluded after acceptance of the offer with the written order confirmation of the seller.
(3) The provisions in the offer take precedence over these General Terms and Conditions and are supplemented by these General Terms and Conditions.
(4) Additional, deviating or other changes to the Seller's offer will only become part of the contract if the Buyer separately informs the Seller of this (changes by the Buyer to the offer are not sufficient for this purpose) and the Seller then confirms them in writing.
§ 2 Subject matter of the contract
(1) The exact scope of services, type and number of components, such as charging devices, the technical specification (subject matter of the contract), the expected delivery date and the purchase price are set out in the Seller's offer.
§ 3 Delivery period, force majeure
(1) Unless expressly agreed otherwise, the information regarding the delivery date is non-binding.
(2) Compliance with agreed deadlines requires the timely fulfilment of the Buyer's obligations, such as handing over documents, obtaining approval and complying with the agreed payment terms.
(3) The buyer's claims for compensation are excluded in all cases of late delivery, subject to the provisions of Section 7 (Liability). The buyer's right to withdraw after the fruitless expiry of a reasonable grace period remains unaffected.
(4) If the performance of the services is made significantly more difficult or impossible for the parties due to unforeseeable circumstances over which they have no influence and which cannot be avoided with reasonable technical or economic effort (in particular, deviating site conditions or force majeure such as natural disasters, war, industrial action, pandemics, sovereign orders), the parties shall be released from their contractual performance obligations as long as these circumstances and their consequences are not finally eliminated.
§ 4 Transfer of risk
(1) In the case of services without construction of the contractual object, the risk of accidental loss and accidental deterioration shall pass to the buyer upon handover (delivery).
(2) For services including the construction of the contractual object, the risk shall pass to the Buyer on the day of acceptance.
(3) From the time of transfer of risk, the Buyer shall bear all risks, dangers, costs and burdens as well as all rights and obligations associated with the ownership or operation of the subject matter of the contract.
§ 5 Terms of payment, retention of title
(1) The prices stated in the offer are in Euro and – unless stated separately – plus VAT.
(2) The due date for payments is determined from the Seller’s offer.
(3) If the due date of payment is linked to an event and this event is delayed for reasons for which the Seller is not responsible, payment shall nevertheless be due 4 weeks after the date planned for the event in the offer.
(4) Invoices for payments are due ten calendar days after receipt of the payment request and must be paid without deduction. The timeliness of the payment is determined by the value date on the seller's account.
(5) Claims of the respective contractual partner can only be offset against undisputed or legally established counterclaims.
(6) The Seller retains title to the contractual items until all claims arising from the contract have been paid in full. As long as title has not yet passed to the Buyer, the Buyer must immediately notify the Seller in writing if the contractual items are seized or subject to other interventions by third parties.
§ 6 Liability for defects
(1) The buyer’s warranty rights, as long as he is not a consumer, presuppose that he has properly fulfilled his obligations to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB).
(2) Claims for defects shall expire for consumers 24 months after delivery or acceptance of the contractual item by the buyer. In other cases, warranty claims shall expire 12 months after delivery or acceptance of the contractual item by the buyer.
(3) After delivery or acceptance of the contractual item, the seller is liable, subject to the provisions of Section 7, in such a way that the seller must remedy the defects. In the event of a timely notification of defects, the seller will, at its discretion, repair the contractual item or provide a replacement. The seller must always be given the opportunity to remedy the defect within a reasonable period of time.
(4) If the subsequent performance ultimately fails, the Buyer may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
(5) Claims for defects do not apply in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of functionality or in the case of wear and tear. The same applies to damage caused by improper handling, unsuitable building ground or external influences. If the buyer or third parties carry out improper repairs or modifications, there are also no claims for defects for these and the resulting consequences.
(6) In the case of complaints about defects, the buyer may only withhold payments to the extent that is proportionate to the defects that have occurred. If the complaint about defects is unjustified, the seller may demand reimbursement of the costs incurred from the buyer.
(7) In all other respects, Section 7 (Liability) shall apply to claims for damages.
(8) Further claims by the buyer are excluded.(9) The technical data, specifications and performance descriptions provided in the offer do not constitute any representations or guarantees, unless expressly agreed otherwise in the offer.
§ 7 Liability
(1) The liability of the parties and their vicarious agents for culpable damage is excluded unless the damage was caused intentionally or through gross negligence. This does not apply to damage resulting from injury to life, body or health or the culpable violation of essential contractual obligations, i.e. those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (so-called cardinal obligations).
(2) In the event of a breach of essential contractual obligations based on circumstances other than intent or gross negligence, liability is limited to the damage that the liable contractual partners foresaw as a possible consequence of the breach of contract when concluding the respective contract or should have foreseen taking into account the circumstances that they knew or should have known. The same applies to grossly negligent conduct by simple vicarious agents (non-managerial employees) outside the scope of the essential contractual obligations as well as damage to life, body or health.
(3) The provisions of the Product Liability Act remain unaffected.
§ 8 Commissioning of third parties
The seller is entitled to use third parties as vicarious agents within the meaning of Section 278 of the German Civil Code (BGB) to fulfill its obligations, provided that it is ensured that the services are carried out properly and professionally.
§ 9 Information obligations under the EU General Data Protection Regulation (GDPR)
The parties undertake to fulfil the information obligations incumbent upon the other contractual partner in accordance with Art. 12 ff. GDPR towards the data subjects. For this purpose, the contractual partner who passes on the personal data or on whose instigation the contact is made uses the information made available to him by the other contractual partner. The seller's information on data protection can be found here: www.petitmonde.energy. The contractual partners are not obliged to check the information provided by the other contractual partner before handing it over to the data subjects. They are also not entitled to change it without prior consent. It is solely the responsibility of the contractual partner obliged to provide information to provide the other contractual partner with information that complies with the applicable legal requirements and to update it if necessary during the term of the contract.
§ 10 Final provisions
(1) The place of jurisdiction for merchants within the meaning of the German Commercial Code, legal entities under public law and special funds under public law is exclusively Husum.
(2) These terms and conditions and the offer are subject to the law of the Federal Republic of Germany.
(3) If individual provisions of this contract are or become invalid, the validity of the remainder of the contract and its other provisions shall remain unaffected. The same applies if the contract contains a gap. An invalid provision or gap in the contract shall be replaced by the contracting parties with such an effective provision that comes closest to the economic purpose of the contract. Section 139 of the German Civil Code is waived in its entirety.
(4) There are no oral side agreements. Changes and additions to these terms and conditions are only valid if they are agreed in writing. This also applies to this written form clause.
Part 2: Additional provisions for the establishment of the subject matter of the contract.
If the Seller is obliged to construct the subject matter of the contract, the following provisions shall apply in addition, unless expressly agreed otherwise.
§ 1 Construction of the subject matter of the contract; acceptance
(1) The seller will construct the contractual item sold to the buyer at the locations specified in the offer in accordance with the technical rules applicable at the time of construction. The services required for construction (e.g. earthworks, wall breakthroughs, laying cables, collision protection) are specified in the offer. This also includes - if agreed - the construction of the technical ancillary systems required to operate the charging equipment, e.g. switching and measuring equipment, information and communication technology infrastructure (ICT equipment). If the location conditions deviate from the information provided by the buyer, additional costs may arise, which the buyer must bear.
(2) The Buyer authorizes all measures taken by the Seller and his agents to the extent that they are necessary for the construction of the subject matter of the contract and, if applicable, the technical ancillary facilities.
(3) The expected installation date is stated in the offer. The seller will inform the buyer in good time about any necessary postponement of the installation date and will agree a new date with the buyer as soon as possible.
(4) The expected date of commissioning is stated in the offer. If the installation date is postponed, the commissioning date will be postponed by the corresponding period. In this case and if the date is postponed for other reasons, the seller will inform the buyer in good time and agree a new commissioning date with the buyer.
(5) The buyer shall accept the constructed contractual object within a period of five working days after the seller has informed him of the commissioning and readiness for acceptance and has requested acceptance. The buyer may not refuse acceptance if there is a non-essential defect. After 10 working days have elapsed following receipt of the notification of readiness for acceptance, acceptance shall be deemed to have taken place unless the seller receives notification to the contrary.
§ 2 Buyer’s obligation to cooperate
(1) If and to the extent that the Buyer is not the (sole) owner of the property, he will obtain the consent of the owner of the property or his co-owners to the installation and operation of the charging facilities by the date specified in the offer for the installation of the charging facilities and provide evidence of this to the Seller upon request.
(2) If the installation of the charging facilities requires other civil or public law permits (e.g. building permits), it is the customer's responsibility to obtain these by the planned date for the installation of the charging facilities.
(3) If the charging stations cannot be built and put into operation or can only be built and put into operation late due to a lack of cooperation by the buyer, a lack of consent from the property owner or a lack of permits, the buyer shall bear the additional costs and wasted expenditure incurred by the seller as a result. The assertion of a further claim for damages remains unaffected by this.
(4) The Buyer shall ensure that access to the site is guaranteed.
