{"id":4455,"date":"2024-06-02T21:55:00","date_gmt":"2024-06-02T19:55:00","guid":{"rendered":"https:\/\/service4charger.de\/gtc"},"modified":"2024-06-24T16:58:03","modified_gmt":"2024-06-24T14:58:03","slug":"gtc","status":"publish","type":"page","link":"https:\/\/service4charger.de\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"\t\t
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\n\t\t\t\t\tGTC<\/span>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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General Terms and Conditions<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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1. scope of application; types of contract<\/h2>\n
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1.1. These General Terms and Conditions (“GTC<\/strong>“) apply to all contracts that Service4Charger GmbH, Am Borsigturm 68, 13507 Berlin (hereinafter: “S4C<\/strong>“) concludes with its customers (“Customers<\/strong>“). They apply both to customers who conclude the contract as entrepreneurs within the meaning of Section 14 BGB and to customers who act as consumers within the meaning of Section 13 BGB. They also apply to any form of contract conclusion (by e-mail, in writing, verbally or via the S4C web store). If and insofar as no overriding agreements have been made between the customer and S4C1, S4C shall provide its services in accordance with these GTC.<\/p>\n

1.2. S4C is a nationwide service provider in the field of installation, operation and maintenance of technical components for charging electric vehicles in public and private areas (hereinafter: “charging infrastructure<\/strong>“). These GTC apply in particular to the following services of S4C:<\/p>\n

– Purchase of charging infrastructure
– Installation and commissioning of charging infrastructure
– Rental of charging infrastructure
– Maintenance of charging infrastructure<\/p>\n

The following special provisions<\/strong> for individual types of benefit apply in each case (para. 5., 6., 7. and 8.) and all general provisions<\/strong> of these GTC shall apply. In the event of contradictions between the general and special provisions, the respective special provision shall take precedence.<\/p>\n

1.3. Deviating contractual conditions of the customer shall not become part of the contract even if S4C does not expressly object to them in individual cases or the services are rendered without S4C objecting to the customer’s contractual conditions.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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2. conclusion of contract<\/h2>\n
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2.1 Representations of products or services on the website or in any other publicly accessible context do not constitute an offer by S4C that can be accepted. If the customer orders a service from S4C electronically, in writing or by telephone, the customer submits a binding offer to conclude a contract for the service offered. S4C reserves the right to decide freely whether to accept these offers. Offers from S4C are always subject to change and can be withdrawn at any time until receipt of a declaration of acceptance from the customer.<\/p>\n

2.2. If the customer wishes to order services from S4C via the Internet, he is directed to an order form in which he enters all the necessary personal data. Between the order screen and the “Conclude contract” button, the customer will find clearly visible links that can be used to call up these GTC. The order process can only be continued if the customer ticks the box in front of the line “I have read and agree to the GTC”. By doing so, he accepts these contractual conditions and includes them in his offer. Before submitting a binding offer, the customer has the option of printing out the terms and conditions of the contract. By activating the “Conclude contract” button (or similar), the customer submits a binding offer to conclude a contract, which S4C does not have to accept. To accept the offer, S4C shall send a corresponding declaration to the customer by e-mail or in another form.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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3. obligations of the customer<\/h2>\n
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3.1. The customer is obliged to carefully check all data transmitted by S4C and to inform S4C immediately if, in his opinion, an error has occurred and\/or the information is incorrect.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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4 Prices, costs and terms of payment<\/h2>\n
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4.1. All prices offered by S4C are net prices plus VAT. costs for packaging, customs, freight and transportation as well as legally owed value added tax, if and insofar as these costs are incurred.<\/p>\n

4.2. If S4C has offered the customer the conclusion of transport insurance or other insurance for the goods and the customer has commissioned this, the customer shall bear the additional costs incurred for this. Freight shall be charged according to the freight rates valid on the day of invoicing.<\/p>\n

4.3. Unless otherwise agreed, 50% advance payment is agreed. This means that S4C shall only owe the provision of services after receipt of the payment owed. The remaining payments are agreed separately depending on the contract. S4C sends invoices to the customer by e-mail. Payments are generally due 14 days after receipt by the customer.<\/p>\n

4.4. The customer may only offset claims of S4C with a due counterclaim if it has been legally established or is undisputed.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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5. special conditions for sales contracts: Customer’s duty to cooperate, delivery, quality owed, obligation to give notice of defects<\/h2>\n
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The following additional rules apply to sales contracts between the parties:
5.1. The customer himself must ensure that the selected charging infrastructure is suitable for his purposes and compatible with the customer’s existing components. Unless expressly agreed otherwise, S4C does not owe the customer any advice as to whether the charging infrastructure selected by the customer is suitable for the customer’s purposes or can be installed at the customer’s premises.<\/p>\n

5.2. Unless otherwise agreed, the place of performance for both parties shall be the registered office of S4C. At the customer’s request, S4C will send the purchased goods to the delivery address specified by the customer. The delivery costs incurred for this shall be charged additionally in the amount agreed upon conclusion of the contract. S4C shall be free to choose an appropriate shipping route and an appropriate type of shipping and packaging. If S4C delivers the goods to the customer, the risk shall pass to the customer as soon as the seller hands over the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the customer is a consumer, this only applies if the customer himself has commissioned the forwarding agent or carrier.<\/p>\n

5.3. All goods delivered shall remain the property of S4C until full payment has been made. If the delivered goods are connected to a property, building or movable object, brought onto a property or brought into a spatial relationship with it, this is only for a temporary purpose (\u00a7\u00a7 95, 97 BGB). As long as ownership of the item has not been transferred to the customer, the customer shall inform the owner of the property of this, unless the customer himself is the owner of the property.<\/p>\n

5.4. Unless otherwise agreed, the quality owed by S4C shall be based exclusively on the manufacturer’s product data sheets.<\/p>\n

5.5. If the customer is an entrepreneur, he must inspect the delivered goods immediately after delivery, insofar as this is feasible in the ordinary course of business, subject them to a functional test if necessary and, if a defect is found, notify S4C of this. The condition of the item shall be deemed approved if S4C does not receive a complaint within 14 days of delivery of the goods. In the case of hidden defects that cannot be discovered within this period, warranty claims shall only exist if the notification of defects is received by S4C within one year of delivery of the goods.<\/p>\n

This no. 5.5 shall not apply if and insofar as S4C has given a guarantee of quality or an assurance or has fraudulently concealed a defect.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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6. special conditions for contracts for the installation of charging infrastructure at the customer’s premises: Preparation by customer, notifications; approvals<\/h2>\n
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If the contract between the customer and S4C relates to the installation of charging infrastructure by S4C, the following rules shall apply in addition:<\/p>\n

6.1. S4C provides services for the installation and commissioning of charging infrastructure exclusively for components that the customer purchases or has purchased from S4C. The customer can order the installation and commissioning services from S4C together with the purchase of charging infrastructure. S4C provides installation and commissioning services exclusively within the territory of the Federal Republic of Germany.<\/p>\n

6.2. S4C offers installation (= fixing the charging infrastructure to the foundation or wall), electrical connection (= connection to the power grid), commissioning of the charging infrastructure and testing to ensure that it is fully functional.<\/p>\n

6.3. The customer is responsible for carrying out the pre-installations required for the provision of the installation services (foundation, suitable wall or support for charging boxes, cabling, etc.). It must ensure that the pre-installation complies with the recognized rules of technology and is suitable for the charging infrastructure procured from S4C (in particular with regard to the stability of the foundation or wall and the fire protection requirements). Any additional costs incurred during installation and commissioning due to inadequate pre-installation shall be borne by the customer.<\/p>\n

6.4. Shortly after the order is placed, S4C or a service provider commissioned by S4C shall contact the customer to coordinate the time and place as well as technical aspects of the installation. The customer shall name an in-house electrician or an expert contact person to S4C with whom technical questions regarding connection, installation and commissioning can be clarified. S4C cannot inspect the installation site itself before carrying out the installation. The customer must therefore ensure that S4C receives all information required to carry out the installation and its planning. In particular, he must inform S4C of his own accord of any special features at the installation site that may affect the performance of the installation. The service is provided at the location where the charging infrastructure is to be installed and operated. If assembly is not possible at the agreed time for reasons for which the customer is responsible, the parties shall agree a new assembly date. In this case, the customer shall pay S4C for the additional time spent and the costs of any additional travel required.<\/p>\n

6.5. Unless otherwise agreed, the customer must provide a contact person\/house electrician at the installation site on the agreed installation date who is familiar with the special features of the installation site and is authorized to decide on the exact location of the charging infrastructure and, if necessary, the commissioning of additional services required from S4C. Furthermore, he must make the place of installation accessible to S4C and ensure that the required pre-installation is available in the condition owed by the installation date at the latest. S4C shall be entitled to deliver components to the installation site prior to the installation date and to store them there temporarily.<\/p>\n

6.6. If statutory reporting and notification obligations apply to the installation, commissioning and operation of the charging infrastructure (such as notification and verification obligations under the Charging Station Ordinance or notifications for reasons of electricity supply to users of the charging infrastructure), the customer is solely responsible for fulfilling these obligations. If public law permits (in particular under building law) or the consent of the landowner are required for the installation and operation of the charging infrastructure, the customer must obtain these himself.<\/p>\n

6.7. Gem. \u00a7 19 para. 2 of the Low Voltage Connection Ordinance (NAV), the commissioning of charging facilities must be notified to the grid operator in advance. If the charging system has an output of more than 12 kVA, the approval of the grid operator is also required for commissioning. The customer is
The customer is responsible for notifying the network operator in good time in advance and, if necessary, for obtaining its approval and submitting this to S4C on the installation date. If the grid operator does not give its consent, S4C will only install the charging infrastructure with a maximum of 12 kVA.<\/p>\n

6.8. In order to be able to properly deliver and install the charging infrastructure, S4C is dependent on the customer providing accurate information on the installation location and fulfilling its obligations to cooperate as set out above in good time. Should it turn out during the installation appointment that the information provided by the customer is incorrect and the installation cannot be carried out for this reason or due to the customer’s lack of or insufficient cooperation, the customer shall be obliged to reimburse S4C for any additional expenses incurred as a result, in particular for a new journey and additional personnel costs of the installation companies commissioned.<\/p>\n

6.9. After completion of installation and commissioning, the customer and S4C shall draw up a commissioning report in which the customer accepts S4C’s installation work. Acceptance may not be refused due to insignificant defects. If the customer does not declare acceptance within fourteen (14) days of installation and commissioning, this shall be deemed equivalent to acceptance. In the event of significant defects or deviations from the technical specifications, the customer may refuse acceptance, stating the exact nature of the defect. In this case, S4C shall remedy the defect within a reasonable period of time.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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7. special conditions for rental agreements for charging infrastructure: subletting; obligation to treat with care; termination; cancellation fee<\/h2>\n
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If the customer rents charging infrastructure from S4C, the following additional rules apply:<\/p>\n

7.1. S4C only rents out charging infrastructure components for short periods of time (in particular as mobile charging facilities for events). S4C is obliged to provide the agreed components of the charging infrastructure to the customer for use during the agreed rental period. Rental agreements refer to a specific operating location at which S4C will provide or install the charging infrastructure in good time before the start of the rental period. The installation is subject to the clauses 6.1 to 6.8 accordingly. The rental period begins on the day specified for the provision of the components.<\/p>\n

7.2. The customer shall use the rented components exclusively in accordance with the manufacturer’s instructions (instructions for use) for their intended purpose. The customer is obliged to treat the rented components with care. The customer shall not make any irreversible technical changes to the rented components. The rented components are secured by various seals, which must not be removed or destroyed. The renter is obliged to take suitable precautions against damage (vandalism) and theft of the rented components (in particular the rented charging cables). The customer must notify S4C immediately of any damage to or loss of the rented components.<\/p>\n

7.3. The customer is not permitted to take the rented components to or use them at any location other than the operating site agreed in the rental agreement without the prior consent of S4C. Subletting or any other transfer of use to third parties is excluded.<\/p>\n

7.4. The customer must ensure that the pre-installation of the charging infrastructure (cabling, etc.) complies with the applicable recognized or applicable minimum technical requirements during the term of the lease and that there are no harmful repercussions on the leased components.<\/p>\n

7.5. At the end of the rental period, the rented components must be kept ready for collection by S4C by 9 a.m. on the following day at the latest. If the customer does not return the rented components, does not return them on time or does not return them in their original condition, the customer shall reimburse S4C for the current value of the rented components. This applies regardless of the reason why the rented components cannot be returned and whether the customer is responsible for these reasons.<\/p>\n

7.6. The customer is entitled to withdraw from the rental contract before the start of the agreed rental period. If he exercises this right, he shall owe S4C a cancellation fee in the following amount: if he withdraws at least 10 weeks before the start of the rental period, the cancellation fee shall be 50% of the agreed total rent; if he withdraws at least 6 weeks before the start of the rental period, the cancellation fee shall be 75% of the agreed total rent; if he withdraws at least 6 weeks before the start of the rental period, the cancellation fee shall be 100% of the agreed total rent.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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8. special conditions for maintenance and inspection of charging infrastructure: maintenance contracts; durability guarantees; term; prices<\/h2>\n
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If the customer commissions S4C to provide inspection and maintenance services, the following rules shall apply in addition.<\/p>\n

8.1. S4C provides inspection and maintenance services for charging infrastructure. The customer must ensure that S4C can carry out the inspection and maintenance work without hindrance. To this end, the customer must in particular grant access to the electrical rooms after prior notification and name a contact person to S4C who is available for queries and to coordinate inspection and maintenance appointments.<\/p>\n

8.2. S4C provides inspection and maintenance services in two models:<\/p>\n

a) Maintenance contract:<\/strong> If the customer orders inspection and maintenance services alone, a service contract is concluded between the parties, on the basis of which S4C performs the inspection and maintenance activities on the charging infrastructure as described in the service description.<\/p>\n

b) Durability guarantee:<\/strong> If the parties agree on a durability guarantee for the charging infrastructure supplied and installed by S4C for a certain period of time (up to 5 years), the durability guarantee always includes the provision of inspection and maintenance services by S4C as an ancillary service. S4C only concludes durability guarantees if it also takes over the inspection and maintenance activities for the charging infrastructure for the duration of the durability guarantee.<\/p>\n

8.3. During the term of the maintenance contract or the durability guarantee, S4C shall carry out visual, functional and safety inspections for the agreed charging points at annual intervals – as well as in the event of fault reports by the customer – in accordance with the applicable VDE regulations and document the inspections carried out. If S4C detects faults or the need for repairs to the charging infrastructure, it will carry out the necessary repairs as follows:<\/p>\n

a) If the parties have concluded a maintenance-only contract<\/strong> (Clause 8.2. a)), S4C shall submit a cost quotation to the customer for carrying out the necessary repairs. The hourly rates pursuant to para. 8.7. and the manufacturer’s component prices for spare parts. If the customer commissions the repair offered, S4C shall carry it out and charge the costs incurred in addition to the basic price in accordance with the terms of the contract. Item no. 8.6. to the customer. If the parties have agreed on an annual repair budget, S4C shall carry out the repairs that can be covered by the repair budget without prior consultation with the customer and charge the customer for the costs incurred.<\/p>\n

b) If, on the other hand, the parties have concluded a durability guarantee<\/strong> (Clause 8.2. letter b)), S4C shall carry out all repairs that it determines to be necessary in the course of its inspections at its own expense without prior consultation with the customer. These repairs are included in the payment of the basic price in accordance with Item no. 8.6. compensated. This does not apply to repairs that are due to damage by third parties, force majeure, improper use or damaging repercussions from the customer’s pre-installation. Such repairs are not covered by the durability guarantee. If they are required, S4C shall submit a cost offer to the customer, whereby the hourly rates pursuant to Clause. 8.7. and the manufacturer’s component prices for spare parts. If the customer commissions the repair offered, S4C shall carry it out and charge the costs incurred in addition to the basic price in accordance with the terms of the contract. Item no. 8.6. to the customer.<\/p>\n

8.3. S4C is only obliged to provide maintenance services for the charging infrastructure as long as the charging infrastructure is properly installed, connected and supplied with power. If the customer fails to maintain the charging infrastructure in a proper condition during the term of the contract and S4C is unable to carry out maintenance and inspection services as a result, the customer shall nevertheless be obliged to pay the basic price in accordance with Section 4.2. Item no. 8.6. committed.<\/p>\n

8.4. Unless otherwise agreed, maintenance contracts (cf. Item no. 8.2. a)) a basic term of two years, which begins when both parties sign the agreement. If the contract is not terminated with one month’s notice to the end of the basic term, it is extended indefinitely and can be terminated at any time with one month’s notice. Otherwise, ordinary termination is excluded. Shelf life guarantees (cf. Item no. 8.2 b)) are concluded for the entire duration of the guaranteed shelf life (up to 5 years) and cannot be terminated before the expiry of the shelf life guarantee.<\/p>\n

8.5. The right to extraordinary termination for good cause remains unaffected. Every ordinary or extraordinary termination must be declared in writing.<\/p>\n

8.6. For the provision of inspection and maintenance services under the maintenance contract or for the assumption of the durability guarantee, the customer shall pay an annual basic price in the agreed amount. The basic price is billed monthly at one twelfth. If the customer is in arrears with two consecutive monthly payments, S4C shall be entitled to invoice the total amount of the annual basic price in full immediately.<\/p>\n

8.7. All the costs associated with the payment of the basic price in accordance with. Item no. 8.6. S4C will charge an hourly rate of EUR 92.95 (plus VAT) for services not compensated at 15-minute intervals. S4C is free to introduce a new price sheet. If it makes use of this option, the tariffs and hourly rates set out therein shall apply to all contracts concluded under the new price sheet. Spare parts are priced according to the manufacturer’s component prices.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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9. liability<\/h2>\n
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9.1. Unless otherwise stipulated in this contract, the parties shall only be liable for damages within the following limits, irrespective of the legal grounds:<\/p>\n

(a) In the event of intent or gross negligence on the part of the respective party, its legal representatives, an employee or other vicarious agent without limitation;<\/p>\n

(b) In the event of culpable breach of material contractual obligations by the respective party, its legal representative or other vicarious agent without intent or gross negligence, limited to the damages foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfillment characterizes the contract and on which the other party may rely.<\/p>\n

9.2. Any further liability on the part of the parties is excluded, insofar as this does not conflict with mandatory legal provisions. The limitation of liability according to para. 9.1. does not apply to damage to life, limb and health.<\/p>\n

9.3. The injured party must notify the other party of any damage without delay and provide evidence thereof.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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10. force majeure<\/h2>\n
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10.1. If S4C is prevented from providing the service due to force majeure, war, terror, forces of nature, labor disputes at suppliers, damage to generation, transmission, distribution or communication systems or computer hardware and software, orders from public authorities or other circumstances that are beyond the control of S4C or cannot be averted with reasonable technical and economic effort, S4C’s performance obligations shall be suspended until these circumstances and their consequences have been eliminated. In such cases, the customer cannot claim damages from S4C. In such cases, S4C shall use all reasonable means to ensure that the obligations arising from the contract can be met again as soon as possible.<\/p>\n

10.2. As long as the obligations of S4C pursuant to. Item no. 10.1 are suspended, the customer’s counter-performance obligations shall also be suspended.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

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11 Final provisions; legal succession<\/h2>\n
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11.1. If the customer is an entrepreneur within the meaning of \u00a7 14 BGB (German Civil Code), the exclusive place of jurisdiction for all disputes in connection with this contract shall be Berlin, unless a different legal place of jurisdiction is mandatory.<\/p>\n

11.2. Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions. The parties shall attempt to replace an invalid provision with another provision that comes as close as possible to the economic purpose of the original provision but is effective. The same applies to gaps in the contract.<\/p>\n

11.3. S4C is entitled to commission third parties with the provision of individual contractually owed services.<\/p>\n

11.4. Each party is entitled by way of singular succession to transfer the rights and obligations arising from the contract to a legal successor at any time with the consent of the other party. Approval may only be refused if there are doubts about the technical or economic capacity of the entrant. With the conclusion of the contract, the customer already gives his consent to a transfer to a company affiliated with S4C within the meaning of \u00a7\u00a7 15 ff. AktG (German Stock Corporation Act). The other party must be notified immediately in writing of any transfer. In cases of universal succession, in particular in accordance with reorganization law, the statutory provisions apply. These regulations also apply to repeated legal successions.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

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