Terms of ESC

General Terms and Conditions of Europe Solar Concept GmbH & Co. KG, hereinafter known as ESC.

Last updated March 2010.

§1 General
The following General Terms and Conditions refer to all business transactions between ESC and its business partners for quotations, deliveries and services. They are made known to business partners when an order is placed and apply for all future orders. These General Terms and Conditions apply exclusively. Amendments to the General Terms and Conditions shall be announced in writing. Deviations and special agreements must be confirmed in writing by ESC.

§2 Quotations and conclusions
2.1 All ESC quotations are always subject to change and non binding. The quotation becomes binding through the submission of a written order. ESC reserves the right to accept quotations within 14 days by sending an order confirmation or by sending the purchaser the merchandise within the agreed deadline.

2.2 ESC reserves the right to deviate from measurements, colours, performance and other features as specified in pamphlets, drawings and illustrations which describe the object of the agreement in more detail but which do not limit use for the contractually agreed purpose.

2.3 If the buyer cancels his order within the binding period, ESC is entitled to claim compensation in accordance with legal provisions. A fixed amount of €100 shall apply insofar as the purchaser cannot prove that the value of the time and effort involved was in fact less than the fixed amount. However, ESC reserves the right to claim losses incurred over and above this amount. If the object of the contract cannot be fulfilled by ESC within the deadline, an appropriate subsequent deadline shall be set. The purchaser can withdraw from the contract the expiry of this deadline without incurring costs.

2.4 The contract is concluded on condition that the supplier is himself supplied in good time by his own suppliers insofar as non-delivery is not the responsibility of the supplier because he has concluded a congruent hedging transaction. The supplier shall inform the purchaser immediately of the non-availability of the service; considerations already received shall be refunded immediately.

§3 Prices and conditions of payment
3.1 The prices in the order confirmation apply ex stock in Wiesen plus delivery costs.

3.2 The price does not include VAT, which is applied on the date of invoicing.

§4 Payment
4.1 The purchase price is due for payment immediately insofar as no alterations have been agreed in writing.

4.2 The deduction of a discount requires a separate written agreement.

4.3 Offsets must be agreed and defined in advance.

§5Delivery
5.1 Delivery is carriage forward from stock in Wiesen. If the merchandise is sent via a freight
forwarding company it is insured during transport. If the merchandise is despatched via a logistics service provider the logistics service provider's standard insurance applies.

5.2 With the exception of pool pallets, the return of non-returnable transport and product packaging is not acceptable.

§6 Reservation of title
We reserve the title to the purchased item up to such time as the purchaser makes complete
payment. In case of conduct contrary to agreement, in particular delays in payment, ESC is entitled to take back the object of purchase after setting a reasonable deadline.

§7 Liability for defects
7.1 The business partner is obliged to check delivered goods immediately for defects. Defects should be reported quoting the order details. Obvious defects shall be reported in writing within eight days of receipt of goods and hidden defects immediately on discovery. If the business partner does not report defects in the appropriate form and within the deadlines, the merchandise is regarded as having been accepted. The date on which ESC receives reports is decisive for deciding the timeliness of the report.

7.2 Warranty claims shall be settled through rectification of defects or replacement delivery at ESC's discretion. If the warranty fails in this way, the business partner is entitled to reduce the purchase price or to withdraw from the contract.

7.3. No warranty claims shall be accepted in case of inappropriate treatment of the goods supplied.

§8 Transfer of risk on despatch of goods
The risk transfers to the purchaser at the point that the goods leave our warehouse when the goods are despatched to the purchaser's desired delivery destination.

§9 Place of jurisdiction and applicable law
9.1 If the purchaser is a trader, a corporate body under public law or a special fund under public law, the court responsible for ESC's domicile in Wiesen shall be the exclusive place of jurisdiction for all  legal disputes. We are, however, entitled to proceed against the customer before his own local court.

9.2 The law of the Federal Republic of Germany applies with the exclusion of the United Nations Convention on Contracts for the International Sale of Godds (CISG).

9.3 Modifications to the contract concluded must be put in writing. No oral agreements were made.

§10 Miscellaneous provisions
Should individual provisions of this agreement be ineffective or incomplete, the effectiveness of the remaining provisions and agreements remains unaffected. The contractual partners shall agree on a legally permissible solution which comes closest to the economic purpose of the ineffective provision.