Terms & 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). The Seller's deliveries and services are subject to these General Terms and Conditions.

Part 1: General Provisions

§ 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.

(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.

§ 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. In other cases, warranty claims shall expire 12 months after delivery or acceptance.

(3) After delivery or acceptance, the seller must remedy defects. The seller will, at its discretion, repair the contractual item or provide a replacement.

(4) If subsequent performance ultimately fails, the Buyer may withdraw from the contract or reduce the remuneration.

(5) Claims for defects do not apply in the case of only insignificant deviations, insignificant impairment of functionality, or wear and tear. The same applies to damage caused by improper handling, unsuitable building ground, or external influences.

(6) In the case of complaints about defects, the buyer may only withhold payments proportionate to the defects that have occurred.

§ 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 (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 foreseeable damage. 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 BGB to fulfill its obligations, provided that it is ensured that the services are carried out properly and professionally.

§ 9 GDPR Information Obligations

The parties undertake to fulfil the information obligations in accordance with Art. 12 ff. GDPR towards the data subjects. The seller's information on data protection can be found at www.petitmonde.energy.

§ 10 Final Provisions

(1) The place of jurisdiction for merchants, 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 are or become invalid, the validity of the remainder of the contract shall remain unaffected. Section 139 BGB is waived in its entirety.

(4) There are no oral side agreements. Changes require written form.

Part 2: Additional Provisions for Construction

If the Seller is obliged to construct the subject matter of the contract, the following provisions apply in addition.

§ 1 Construction; Acceptance

(1) The seller will construct the contractual item at the locations specified in the offer in accordance with applicable technical rules.

(2) The Buyer authorizes all measures necessary for construction.

(3) The expected installation date is stated in the offer. The seller will inform the buyer of any necessary postponement.

(4) The expected commissioning date is stated in the offer and adjusts with any installation postponement.

(5) The buyer shall accept the constructed contractual object within five working days after notification. Acceptance may not be refused for non-essential defects. After 10 working days, acceptance is deemed to have taken place.

§ 2 Buyer's Obligation to Cooperate

(1) If the Buyer is not the sole owner of the property, consent of the owner must be obtained by the planned installation date.

(2) Civil or public law permits are the customer's responsibility.

(3) Additional costs from lack of cooperation are borne by the buyer.

(4) The Buyer shall ensure access to the site is guaranteed.