GENERAL TERMS OF TRADE

SOLAR & BENEFIT

These conditions of sale, delivery and payment are available for all business relationships, sales and other transactions between Solar & Benefit International Ltd. and its customers. Additional agreements or supplements, telephone and verbal agreements are binding only if they are confirmed in writing by us.

1. Type and Scope of Services

Negotiations for this project, supplies and services are subject to the conditions listed below. Particularly the conditions for purchase are only valid if they are confirmed by us in writing.

Documents, drawings, pictures, printed issues and other publications relating to our offer are only approximate, defined in the best possible way, but not binding for us. Our offer is not binding.

Offers included in prospectuses, advertisements, etc., but also in reference to pricing are also not binding. Individualized offers bind the seller with their duration. The agreed terms and specifications relating to the conclusion of the contract are the technical conditions at this point, unless circumstances suggest otherwise. Seller reserves the right to change the design of the supplies under this contract, when they do not fundamentally change the nature and purpose of the contract. The delivery does not include installation and commissioning of the object of the contract.

For the content of the contract the confirmation of the contractor’s order is decisive or in the absence of such a confirmation - its offer.

Objections to confirmation must be submitted immediately, at the latest within one week in writing. Confirmed prices are valid only upon acceptance of the confirmed quantities. Our confirmed selling prices in writing are valid for final prices, if our offer is accepted without changes immediately or at the latest within 10 days.

2. Information of confidentiality and responsibility

All confidential information and materials, which are provided under the project, should be used confidentially and not shared with third parties without the explicit written consent of Solar & Benefit. Confidential information should not be marked as "confidential".

А.) The client can waive the provided confidential information and materials that can be used in any other way.

B.)  The customer shall provide access to confidential information and materials of its employees, as far as necessary to achieve the project objectives. In this case the customer will ensure that its personnel who have such access, professional or contractual are required to keep the confidential information in secret.

C.) The obligation of the customer to keep the confidentiality of information shall come into force from the date of the delivery of the information without the need of any other written explanation.

D.) The confidential information submitted in writing on paper or electronically must be stored and kept by the customer.   

E.) The Customer recognizes the copyright of Solar & Benefit for all the information.

3. Construction projects and administrative permits

Administrative and all other permits are obtained and provided by the client. For building permits and grid connection contracts no guarantee is given. The Seller assumes only the obligation to submit all the necessary documents.

4. Price and payments

Offer prices are valid when ordering and receiving all quoting equipment.

The tax is charged at the time of occurrence of the tax at the rate of exchange in that country.

If no other is agreed, the general payment terms are applicable: 5% (five) after a visit on the site, 10% (ten) after signing a purchase or lease contract and eighty-five (85)% within 14 (fourteen) days after the receipt of commissioning permit.

We have the right to charge interest on our own credit costs, amounting to a minimum of 5 (five) percent above the current EURIBOR, payable by our client - trader, from the date of payment, and for our client who is not a trader, from the day of the delay of the payment. The right to claim further damages remains reserved.

We reserve the right, without prejudice of any additional regulations, to carry out outstanding deliveries only against advance payment or compensation, or after expiry of the appropriate extended period to withdraw from the contract or demand compensation for non-performance.

If there are several claims by the customer, the incoming payments are deductible to the oldest claim.

The right to undistributed earnings for our client is unacceptable unless it is based on existing contractual relations. Mutual netting of claims is permitted only if they are undisputed or established in court.

5. Delivery and mediation

Deliveries and orders of customers are performed at the expense and responsibility of the customer.

If negotiated free delivery, the risk of arrival of the vehicle is liable up to the place of delivery or a place that is consistent with the type of vehicle. Partial deliveries are permissible, if they are treated as separate deliveries.

We reserve the right to choose the route and means of transport. Delivery to the site or warehouse means delivery without unloading, provided that the accessible route is appropriate for heavy vehicles. If the supplier relies on the client's instructions for dangers on the way, he is responsible for any damages during delivery.

Through the mediation of projects following a visit of site by Solar & Benefit with customers, the framework conditions are observed. The dangers and risks related to the contractual conditions afterwards are transferred to the customer. Especially the compensating mode for changing purchase conditions resulting from direct negotiations between the client and the project owner.

6. Complaints and warranty for defects

Our client is obliged, if he is the trader, to declare all detectable defects, shortages or incorrect deliveries and if he is not the trader - all the required defects, shortages or incorrect deliveries in writing within 5 (five) working days after the delivery, but before processing or assembly.

Goods sold at a lower quality are not subject to claims of quality, if it is mentioned explicitly that they are of poor quality. If timely and legitimate claims for defective products are laid, our customers are entitled to compensation for damages with their legal right to warranty.

Guaranteed properties must be explicitly marked. References to DIN standards contained approximate description of the goods is not a warranty for the seller, unless this is explicitly agreed upon. Color matching of the adjacent structures cannot be guaranteed. Pleading claims for damages due to breach of contract, commercial negotiation or illegal activities are excluded unless they are based on intent or gross negligence by us, our legal representatives or delegated agents. Pleaded claims under the Product Liability Law remain unaffected.

7. Retention of right of property

The Seller reserves the right of property and the right of disposition with the object of delivery until receipt of all payments under the contract. Regarding the supply of items that have turned into major components of the building, the customer agrees, in violation of the agreed terms of payment, to allow the seller to remove the objects and to transfer him back the property of these sites.

Recognizing the above mentioned rights of Solar & Benefit, the customer is obliged to compensate it for damages in all cases.

The costs for disassembly and other (related) costs are at the expense of the customer. If the objects of delivery are related to other objects, the client bears the occurred claims or co-ownership of the new objects of Solar & Benefit.

8. Return of deliveries

The goods, which we have supplied, will be taken back by us only in perfect condition and returned after our approval with our own transport. Returned goods will be entered in the assets after deduction of the portion of the expenses. Returning of special works, especially of those, worked out upon customer’s request, is not acceptable.

9. Compensations

The customer will be compensated by the seller / dealer for all damages, costs and fees that may arise due to misuse of the confidential information, contradicted to the contract, by him or by his staff.

If the client attracts employees / business partners of the seller or sign a contract with them directly, circumventing Solar & Benefit, then, a compensation for circumvention with a premium of 25 (twenty five) percent should be paid to the seller / agent. The calculation is made on the basis of the agreed fees for the first implemented project.

10. Consumers’ protection

In case of brokerage orders for projects, the seller guarantees to the client a consumers’ protection in accordance with the guidelines of Regulation for brokerage fees that apply in the country or where the headquarters of the customer is.

 11. Jurisdiction

The place of conclusion of the contract and the competent court is the defendant's local court. If permitted by law, applicable is the law in force there, as well as their official language.

12. Final regulations

If any regulation of the above referred terms and conditions is or become invalid, the existing agreement and the remaining regulations shall remain unaffected. In this case, the parties shall agree on the replacement regulation to benefit the economic intent.