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Imprint

Company: REW Technology
Legal form:  AG

Handelsregister HRB:  24990 Amtsgericht Dortmund

Management: Simone Grube, Managing Director

Adress: Auf dem Hövellande 6 - 44269 Dortmund, Germany


Telephon: +49 (0) 231 58 44 93 0
Telefax: +49 (0) 231 58 44 93 21

Email: contact(at)rewsolar.com

REW Technology AG - AGB

REW Technology AG  - General Terms and Conditions

Article 1. Application of Conditions
(1) The supplied products, services and offerings of REW Technology AG are provided solely on the basis of these terms and conditions. These are thus applicable for all future business relations even in cases where they are not explicitly agreed again.

(2) All agreements made between REW Technology AG and the purchaser, with the aim of fulfilling this contract, are to be recorded in writing.

(3) Salvatorian clause
Should a provision of this contract or these terms and conditions be invalid or become invalid, then the legal effect of the other provisions of the contract and terms and conditions shall not thereby be affected. In place of the invalid provision a valid provision is deemed to have been agreed upon which comes closest to what the parties intended.

(4) Court of jurisdiction is exclusively Dortmund.

(5) The contract and supplier relationship is governed by German Law

Article 2. Contract formation
1) Offers made in prospective, advertisements etc are - also with respect to price details - non-binding and subject to change. REW Technology AG will honor specially prepared offers for a period of 30 calendar days.

(2) To take legal effect, orders require written confirmation in all cases and/or supply by REW Technology AG.

(3) The sales representatives working for REW Technology AG are not authorized to make additional verbal agreements or verbal assurances beyond the content of this written contract.

(4) The photovoltaic equipment/installation is considered accepted at commissioning (meter setting).

Article 3. Pricing and price adjustments
(1) The prices include legally applicable value added tax if not explicitly separately stated.
(2) If more than six months pass between formation of the contract and the agreed or actual delivery date, the REW Technology AG  prices valid at the time of delivery or allocation apply. If the latter prices exceed the previously agreed prices by more than 10% the purchaser is entitled to exit the contract.

Article 4. Delivery times
The set out in our AB acceptance time limit applies: for deadline has been missed REW Technology AG  is authorized by contract to rescind and to claim § 10 compensation amounting of 15% total net value

(1) Delivery appointments or deadlines, which can be agreed bindingly or non-bindingly, must be agreed in writing.

(2) In the case of delays caused by REW Technology AG , the duration of the grace period legaily to be set by the purchaser is two weeks beginning upon the receipt of the grace period notification by REW Technology AG .

(3) Delivery times are non-binding.

Article 5. Despatch and passing of risk
(1) Risk is passed to the purchaser as soon as the dispatched goods are transferred from the transporting individual to the purchaser.

(2) At the purchaser's request, deliveries can be insured in the purchaser's name and at the purchaser's cost.

Article 6. Purchaser's rights in cases of defect
(1) If the supplied product does not have the agreed properties or if the supplied product is not suitable for the application prescribed in the contract or for general application or if it does not have the characteristics which the purchaser should expect based on the public pronouncements by REW Technology AG , REW Technology AG  will in principle fulfill its obligation through replacement supply of a non-defect item. Repeated replacement supply is allowed. If the second replacement is still defective, the purchaser may choose to either reduce the purchase price commensurately or exit the contract.

(2) The statute of limitation period on the above-mentioned claims is two years from delivery of goods.

Article 7. Limitation of liability
(1) In ordinary negligence cases of neglect of obligation, the liability of REW Technology AG is limited to the direct, foreseeable, contractually typical average damages with regard to the type of product. This applies also in ordinary negligence cases of neglect of Obligation by legal representatives or persons employed by REW Technology AG to perform the contract.

(2) Warrantees of the manufacturer's of products sold are applicable in accordance with the respective warranty conditions without exception.

(3) Warranty claims are limited to the right to remedy and mitigation. REW Technology AG is not liable for damages incurred as a result of delivery difficulties or delays caused by third parties. This does not apply to damages resulting from gross negligence or willful intent by REW Technology AG or persons employed by REW Technology AG to perform the contract and for damages to life and limb.


Article 8. Retention of title
(1) Until the fulfillment of all claims (in particular the payment of purchase price in full) that REW Technology AG  can in any way legally make against the purchaser now or in the future, REW Technology AG  retains title over the supplier products (products supplied under retention of title). The purchaser may not dispose of any product subject to retention of title.

(2) In the case of access by third parties - in particular bailiffs or marshals - to the product(s) subject to retention of title, the purchaser will clearly draw attention to their ownership by REW Technology AG  and inform REW Technology AG  without delay in order to allow REW Technology AG  to enforce its ownership rights. If the third party is not capable of repaying to REW Technology AG the associated judicial and non-judicial costs incurred, the purchaser is liable for these.

(3) In cases of actions by the purchaser in breach of this contract - in particular in the case of delays in payment - REW Technology AG retains the right to exit the contract and demand the return of the product(s) subject to retention of title.

Article 9. Payment
(1) Sales and technical personnel are not entitled to collection of payment in cash. Furthermore, payments effectively discharging obligation can only be made directly to REW Technology AG or to a bank account or postal checking account specified by REW Technology AG.

(2) Invoices from REW Technology AG are payable in accordance with the payment terms and conditions listed overleaf.

(3) REW Technology AG retains the right to refuse cheques or bank drafts. Acceptance is always made only as payment. Rebate and draft charges are the responsibility of the purchaser and are due immediately.

(4) REW Technology AG is entitled, in spite of provisions to the contrary by the purchaser, to credit payments against the purchaser's older outstanding debts, and will inform the purchaser of the crediting undertaken. If costs and interest charges have been incurred, REW Technology AG is entitled to credit payment first against the costs, then the interest and finally the primary debt.

(5) The purchaser is only entitled to cost offset if the counter claim is either unopposed or legally binding. The purchaser is however also entitled to withhold payment as a result of counter claims from the self-same contractual relationship.

Article 10. Compensation for damages
(1) If the contract is terminated on grounds which are the responsibility of the customer (rescission, withdrawal etc) REW Technology AG is entitled to a lump sum compensation payment equal to 15% of the purchase order value. The purchaser retains the right in this respect to establish that REW Technology AG incurred lesser or no damages. In case of dispute, the German version is binding. German law is exclusively applicable to all aspects of and disputes arising from or in association with this agreement.

This Agreement is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods.