As of August 1, 2014
General Terms of TESVOLT GmbH
These terms and conditions apply to all sales of TESVOLT GmbH and are valid at the time of order.
These terms and conditions are part of all offers of TESVOLT GmbH.
The client agrees by submitting an order that the terms and conditions of TESVOLT GmbH take the
place of their terms and conditions.
2. Formation of a contract
(1) Orders ("binding orders") of the client are binding only upon written acceptance (notice of
acceptance, order confirmation) of TESVOLT GmbH or the execution of the order by TESVOLT
GmbH. Paragraph 1 shall apply mutatis mutandis. The binding order of the client is to be qualified as
an offer pursuant to § 145 BGB, TESVOLT GmbH may accept in writing within 4 weeks, and through
this the contract will then be agreed upon. Claims for damages because of the rejection of an order are
impossible. The order inquiry at www.tesvolt.de does not constitute an order.
(2) TESVOLT GmbH reserves ownership and copyright to illustrations, drawings, calculations,
programs stored on data carriers, etc. These documents and / or data carriers and the data stored on
them may not be made available to third parties. This applies especially to documents and / or data
carriers which are designated as confidential. TESVOLT GmbH requires a client's express written
consent before passing on any information to a third party.
(3) An acknowledgement of receipt of the binding order does not embody a declaration of acceptance.
This is only to inform you of the receipt of your order form.
(4) If the subject-matter of a contract concerns a building or land it shall be held to its intended
purpose and it will declare the contracting entity to be the owner of the building / property or to be
authorized to conclude the contract by the property owners. The client will inform TESVOLT GmbH
voluntarily and without delay of the ownership or change of ownership until full payment of the
3. Installation, Delivery Time and Installation Time
(1) The following provisions are applicable to the installation, unless otherwise agreed in writing:
The client must provide at their own expense and in a timely manner:
a) all excavation, construction and other ancillary works including the necessary skilled and unskilled
labor, materials and tools,
b) energy and water at the installation site, including the necesarry connections,
c) the customer must take all necessary measures to protect the delivery and installation personell at the
d) the client must provide before starting installation work, all necessary information on the location of
concealed electric power, gas and water lines or similar installations as well as any required structural
data available. Before starting the installation, all preparatory work to be carried out by the customer
must be so far advanced that the assembly and erection can be started as agreed and can be carried out
without interruption. Access roads and the assembly or installation site must be level and clear.
(2) The delivery and installation deadlines are set out in the binding order. The seller may extend the
above assembly and delivery up to 8 weeks.
Compliance with the delivery obligation requires the timely and proper fulfillment of the obligations of
the client. This is necessary to ensure all necessary approvals. Official building permits, if necessary
for the installation of the equipment, must be supplied by the customer.
Observance of the delivery time indicated by TESVOLT GmbH thus requires the clarification of all
technical questions and the timely and proper fulfillment of the obligations of the client ahead of time,
particularly the timely receipt of all documents to be supplied by the client including necessary permits,
approvals, compliance with the agreed terms of payment, in particular the receipt of an agreed deposit,
security depost or any letter of credit. If these conditions are not met on time, the delivery time will be
(3) On subsequent amendments to this contract that affect the delivery time, the delivery time will be
extended accordingly. The same applies for delivery delays due to force majeure, ie if TESVOLT
GmbH is prevented from fulfilling its obligation to deliver by the occurrence of unforeseeable,
exceptional circumstances - which were not preventable despite all reasonable care under the
circumstances - or if they occurred at TESVOLT GmbH or a supplier, such as general labor shortages,
strikes, lockouts, breakdown of equipment, transport difficulties, lack of essential raw materials,
mobilization, war, riots, etc...
Both parties mutually agree to be immediately informed about any processing difficulties or delays in
(4) Partial deliveries are allowed in each case to the extent they are reasonable for the contracting
(5) The beginning of the delivery deadlines in the case of an agreed financing services in accordance
with Section 6 of these Terms is done differently on receipt of confirmation of the financial institution
and payment of the final payment due from contract.
(6) TESVOLT GmbH may use third parties to fulfill their obligations.
(1) Upon completion, the customer is obliged to immediate acceptance. Acceptance may not be refused
due to minor defects. TESVOLT GmbH can set a reasonable period for submitting a statement of
acceptance, after the expiration of which the service is considered to be accepted.
(2) The customer may suffer a partial loss. In a commissioning of the subject matter hereof / and or use
by the client there may be a decrease in performance unless the client has expressly agreed in
individual contracts to a trial run.
(3) All products are made in accordance with the best available technology. Technical changes and
changes in shape, color, and / or weight are reserved within reasonable limits, this is especially true if
the exchange of certain types of batteries or elements is advantageous for the client and if changes in
technology or any additional costs for the contracting entity arise.
(4) TESVOLT GmbH assumes the risk until acceptance of the contract object. With the acceptance of
the object, the risk is transferred to the client. If after delivery to the customer and prior to acceptance
the object is, by force majeure or other unavoidable circumstances beyond the control of TESVOLT
GmbH, damaged or destroyed, the latter is entitled to payment for the work carried out so far, as well
as other costs incurred. This includes all work belonging to the structural facility of the contracting
entity, received in their substance services, regardless of their degree of completion. If the client,
because of the destruction or damage prior to acceptance makes claims against any third parties, he
shall at the request of TESVOLT GmbH - if legally permissible - relinquish TESVOLT GmbH.
5. Terms of Payment
(1) The amount due for ordered goods is a flat price at the purchase price plus VAT applicable at the
time of delivery.
(2) Unless payment terms have been expressly agreed upon with the client, payment shall be made by
bank transfer to the account of TESVOLT GmbH as follows: 50% (incl. VAT.)of the purchase price
upon receipt of the order confirmation and invoice, and 50% (incl. VAT.) 10 days before delivery of
(3) A discount is not allowed, unless this has been specifically agreed upon with the client.
(4) If payment is not received on time, TESVOLT GmbH is entitled to suspend its work and to remove
any materials used in construction of the building site at the expense of the customer.
(5) The client may only bring claims which are undisputed, legally established or recognized by us.
The client can only claim a lien insofar as it is based upon claims arising from the contract. Claims of
the client may not be brought against TESVOLT GmbH without consent of TESVOLT GmbH.
(1) When drawing from a finance service, TESVOLT GmbH must know which credit institution is
financing the contract.
The customer may withdraw from the order if the banks do not approve the credit required by
TESVOLT GmbH within a reasonable time (3 months) or upon rejection of the final loan request. Up
to this the customer is not in default on their funding committment with its payment obligations under
Section 5 of the contract. The right of recission does not apply if the client violates his duty to
cooperate and therefore credit is not granted. A statutory right of withdrawal of the client remains
(2) The client agrees to provide all necessary applications, to produce documents and to make all
necessary explanations to enable financing. TESVOLT GmbH will forward the documents required by
the credit institutions and support the loan application with necessary legwork.
(3) In the case of applying for funding, TESVOLT GmbH will support the application. In absence of
promotion, the client has no right of recession. The client is advised to obtain a certificate of eligibility
from the funding agency prior to the binding order.
Consumers in the sense of § 13 BGB shall be issued the following conditions.
You can cancel your contract within 14 days without giving reason by means of a clear explanation.
The time limit begins after receipt of this information in a durable medium, however, before the
contract is concluded and also does not fulfill our obligations under Article 246b § 2 paragraph 1 in
conjunction with Article 246b § 1 paragraph 1EGBGB. To safeguard the withdrawal period is
sufficient to send the revocation statement in a durable medium (eg. Letter, fax, e-mail).
The revocation must be sent to:
Am Alten Bahnhof 10
06886 Lutherstadt Wittenberg
Fax Number: 03491/45951690
Consequences of cancellation:
In the case of an effective revocation the mutually received services are to be returned. You are obliged
to pay compensation for the services provided up to the revocation if you have been advised before
submission of your contractual declaration to this consequence and have expressly agreed that we
should start before the end of the withdrawal period with the execution of the project. There is an
obligation to pay compensation, this may cause you to need to fulfill the contractual payment
obligations for the period up to the revocation. Your right of cancellation expires prematurely if the
contract is fulfilled by both parties at your explicit request before you have exercised your right.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when
you send your cancellation, for us when we receive it.
On revocation of this agreement, you are no longer bound to a contract relating to this contract if the
related contract relates to a service that is provided by us or a third party on the basis of an agreement
between us and the third party.
End of the declaration of revocation.
7. Guarantee / Warranty / Returns
(1) The client has the option to rectify defective performance or delivery free of charge by either repair
or replacement. If resolving the defect is unreasonable or impossible for TESVOLT GmbH or would
require a disproportionately high expenditure it will be denied by TESVOLT GmbH, and the client
may be notice to the TESVOLT GmbH remuneration reduce (§ 638 BGB).
If the customer of TESVOLT GmbH sets a deadline for rectification, this must be reasonable. It should
be considered whether certain parts of the goods will be produced individually or obtained.
(2) A guarantee is not granted by TESVOLT GmbH unless expressly agreed with the client. Provided
manufacturers make any warranties, those guarantees will be transferred to TESVOLT GmbH.
(3) Old batteries contain valuable materials which can be recycled. We take these batteries free of
charge after delivery.
(1) If, as a result of omitted or incorrect execution from before or after conclusion of the contract or
breach of other secondary contractual obligations - in particular instructions for operation and
maintenance of the item delivered -, the client may not use this contract, excluding the other claims of
the client, the following rules shall apply.
(2) For damage not covered by the contract itself, TESVOLT GmbH shall be liable - for whatever
reason - only:
a) with intent
b) gross negligence of the owner / institution or manager
c) in case of culpable injury to life, body and health
d) for defects that were fraudulently concealed or whose absence was guaranteed by TESVOLT
e) defects of the delivered item under the Product Liability Act for personal injury or property damage
to privately used items.
In the event we are liable for negligent or grossly negligent breach of contract, we are liable for the
amount of each, limited to typical, reasonably foreseeable damage. If we neglect a contractual
obligation, our liability for property damage or personal injury shall be limited to the compensation of
our product liability insurance. TESVOLT GmbH will provide evidence on request for the liability
insurance. Further claims shall be excluded, especially any claims for damages including lost profits.
9. Withdrawal / Damages
(1) TESVOLT GmbH may withdraw from the contract if the client fails to perform an action
incumbent on him (participation obligation under § 642 BGB) and despite a reminder and a reasonable
grace period the requirement is not met and therefore TESVOLT GmbH is unable to perform the
agreed services. The cancellation must be in writing.
(2) TESVOLT GmbH is entitled to cancel the contract if the client fails to meet payment obligations
incumbent on him despite reminders and a reasonable grace period.
(3) If the client does not comply with the contract, without being authorized, TESVOLT GmbH can,
after cancellation of the contract, claim damages instead of performance. The claim for compensation
will be a lump sum of 15% of the agreed net purchase price.
The claim for damages can be higher if TESVOLT GmbH proves higher damages. The claim can also
be lower, if necessary, and can be reduced to zero if the client can prove lower damages.
10. Reservation of Ownership
(1) TESVOLT GmbH reserves ownership of and the right to use all delivery and service items untill all
payments are made. If a partial payment is accepted, the property will be transferred when the rest of
the payment goes through.
(2) As far as the delivery or service items have become an integral part of the client's estate, the client
is required at the request of TESVOLT GmbH, to allow the dismantling of the items upon noncompliance
of the agreed terms of payment or co-ownership by a third party. The cost of dismantling
the objects will be covered by the client.
(1) TESVOLT GmbH will use the personal data of the client confidentially and in accordance with the
provisions of the Data Protection Act. The personal data will be stored by TESVOLT GmbH and
optionally provided service partners as allowed under the contract. Further disclosure to third parties
will only be given to the extent of the law or if the client has given their consent.
Privacy-related consent may be revoked at any time with immediate effect. The client is entitled to
have his data deleted altogether if the storage is not required to perform unfinished contracts or if
TESVOLT GmbH does not require it for legal or accounting reasons. In this case, however, the data is
(2) The client has the right to request at any time information pertaining to the scope and use of their
data. Should the client change his personal data, correct or want to delet it, they can contact TESVOLT
12. Concluding Provisions
(1) The laws of the Federal Republic of Germany apply, excluding the UN Sales Convention (CISG).
This will not affect the mandatory provisions of the country in which the client has his residence.
(2) Jurisdiction is the headquarters of TESVOLT GmbH if the customer is a merchant. The same
applies if the customer is not a resident in the Federal Republic of Germany.
(3) If any provision of this agreement is or becomes invalid or void, then the validity of the remaining
provisions shall not be affected. The parties undertake to replace the invalid or void provision with a
valid provision which comes close to the origial provision. The same applies in the case of a
supplement needing to be filled.