General Terms and Conditions of MSS Mola Solar Systems Ltd. & Co. KG , Duisburg, in the following "MSS"

§1 General

The following conditions apply for all business transactions between MSS and their business partner for offers, deliveries and performances. They are arranged by placing a first order after an announcement with a business partner and are valid for all further orders even in case of a not expressly agreed validity. That means only our standard terms and conditions apply- interlining conditions and agreements are excluded if MSS does not confirm in writing their validity.

§3 Prices

1. All offers are without obligation and subject to confirmation. Offers only become a binding offer, if they have been confirmed in writing or if they have been executed as agreed

2. The written order confirmation is important for the type, range and time of delivery.

3. Indicated performances in advertising material, pictures and other descriptions does not show an assurance of properties, but indicate only the subject matter of the contract. MSS reserves the right for deviations regarding measures, construction, and colour by which the use for the contractual purpose is not limited, so that a business partner can communicate the availability proceedings.

§ 5 Reservation of title

1. All delivered goods remain in the property  of MSS until the fulfilment of business transactions with the business partner (reserved property)

2. In the case of a connection or a mixture of the reserved property Statutory Regulations of §§ 947, 948 BGB are needed with the effect that co-ownership share of the new goods will be reserved property of MSS.

3. The business partner has the right to resell the reserved property through proper business transactions, insofar as he/she is not in default. Demands from the resell will go to MSS. The business partner is revocable authorised to collect claims in his/her name. 

4. In the event of third parties taking hold of reserved property the business partner has to emphasize the reservation of title and has to inform MSS directly.

5. In case the business partner violates the contract in particular, especially delay in payment, MSS has the possibility to withdraw the reserved property  at the expense of the business partner or to demand for the assignment of the claim for return of it’s business partners against a third party.

6. Has the reserved property or the goods made there from by the business partner  been reselled or installed for a third person or processed, the demand of the business partner goes to the contracting party up to the amount of the purchase price to MSS.

§6 Delivery, transfer of risk, acceptance

1. Delivery times require a special agreement. Delivery time begins after sending an order confirmation. The delivery time is complied when until the expiry the goods have left the stock. or if they have informed the business partner about the readiness for despatch.

2. In the case of non- compliance of the time of delivery regarding MSS, the business partner has to set a reasonable extension. After an immediate extension the business partner has the right of withdrawal. Further rights and claims , especially claims for damages because of a non –compliance or a delay in delivery or other claims for damages , especially also , but not just because of lost profit are also excluded aftzer setting an extension unless the non-compliance of the time of delivery ois based on an intention or gross negligence of MSS.

3. Is non- compliance of the delivery time or performance reduced because of war, rebellion, strike or lockout in other enterprises or the MSS or the entrance unpredictable, for MSS unacceptable circumstances the period will be extended reasonable. If the obstructions because of these events will take more than 3 months the business partner and MSS are authorised, to withdraw with regard to the parts of contract that have not been fulfilled. In this case no contract party has claims for damages.

4. The transfer of risk basically occurs if the goods have been despatched or if the order is ready for shipment. The package of goods takes place with extreme care. By request and at the expense of the business partner the shipment is additionally insured.

5. If shipping has been delayed because of attributable reasons that the business partner has, the transfer of risk for the time of delay have the business partners. By request and at the expense of the business partner MSS request an insurance from the business partner.

6. Business partners have to take delivery of our goods also if they show insignificant defects.

7. Partial delivery do not need any special agreement.

§ 7 Technical planed recommendations

1. Insofar as MSS will recommend technical planed recommendations for the construction or/and the instalment of the goods, it involves only recommendations that take place on the best of knowledge as an assistance for the business partner.

2. This recommendation justifies no contractual obligation of MSS. The business partner can make use of planned services of MSS in form of an additional contract.

3. The aid of recommendation according to paragraph 1 by the business partner are taken at the business partners risk and any liability of MSS is excluded.

§ 8 Warranty

1. The business partner is bounded to investigate the delivered goods regarding defects.

Complaints have to be intended with the specification of the ordering data. Open defects have to be indicated in writing within 8 days of receiving the goods, hidden defects immediate after discovery. In the case the business partner omit a reprimand in form of a stated notification; the goods are treated as approved. Regarding the timeliness of the notification the time of arrival at MSS is important.

2. The warranty happens at the option of MSS with improvement or replacement. Does the warranty fail in this way the business partner is entitled to reduce the purchasing price or to cancel the purchase.

3. Each warranty is excluded in the case of an improper treatment of the delivered goods.

4. Requirements for resort of the purchaser regarding consumer sales (§478 BGB) are excluded regarding the agreement of the purchaser with its clients that go way beyond statutory claims for defects.

§9 Legal venue and place of performance, governing law

1. Place of performance for both parts are to extend legally permitted as well as the place of jurisdiction in Duisburg.

2. The law of the Federal Republic of Germany is valid.

§10 Other provisions

If one or more provisions in these business conditions or a regulation within the framework of other agreements should be or become ineffective, the effectiveness of all further determinations and conditions will not be affected. Legal regulations are applicable.