General Terms and Conditions of Sale and Delivery
1. Scope
1.1. These General Terms and Conditions of Sale and Delivery apply to all contracts that regulate the rendering of a delivery (movable tangible property or products, such as Wallbox or load management) or service (such as installations and startups) or both. In particular, they regulate the contractual agreement between da emobil GmbH (‘DAE’) and the respective counterparty or customer (the ‘Customer’), unless otherwise agreed in the respective contract. The Customer acknowledges that, in cases of doubt, DAE’s General Terms and Conditions of Sale and Delivery take precedence over the Customer’s GTC or terms of purchase even if we do not object to the Customer’s terms.
1.2. The Customer hereby acknowledges that DAE’s General Terms and Conditions of Sale and Delivery are intended exclusively for entrepreneurs for the purposes of § 1 of the Austrian Commercial Code (Unternehmensgesetzbuch, UGB).
1.3. These General Terms and Conditions of Sale and Delivery will also govern any supplementary, additional, or follow-up orders entered into with the Customer in the future even if we do not refer to them again. Orders and contracts – especially those placed orally or over the phone, or accepted by DAE orally or over the phone – are subject to the inclusion and application of these General Terms and Conditions of Sale and Delivery.
2. Offer; Contract formation
2.1. Unless an individual offer specifies otherwise, offers are basically nonbinding and subject to change without notice and will remain valid for 30 days from the offer date. A contract is formed when DAE sends a written order confirmation, ships the goods, or begins rendering services. DAE may reject orders, especially if ordered products are unavailable or not deliverable. If this is the case, DAE shall notify the Customer without undue delay. The subject matter of the contract is the delivery (such as quick-charging stations or charging stations, accessories such as load management and replacement parts, or both) and, if offered, a service (such as installation of the aforementioned) by DAE. All parts of all offers made by DAE in the web and other advertising media (such as folders and brochures) are nonbinding and subject to change without notice. All illustrations in the internet and other advertising media are deemed nonbinding examples.
3. Price; Delivery; Delay in acceptance
3.1. Unless expressly specified otherwise, all prices given by DAE include packaging but do not include VAT. In the event of setoff, the statutory value added tax will be added to these prices. DAE may change prices, particularly if there is an error or if statutory or regulatory requirements change.
3.2. Products are delivered ex works to the agreed delivery address. To that end, shipping ex works of a supplier (see offer, all suppliers are located within the EU) of DAE is also deemed approved in advance. When the products are handed over to the transport company, the risk for the ordered products passes to the Customer; this also applies to partial deliveries. This applies even if the delivery is made as part of an assembly or if the transport is carried out, or organized and conducted, by DAE. Unless otherwise expressly agreed, the Customer shall bear the the costs of the transport.
3.3. Unless otherwise agreed (deadlines must be agreed in writing), the delivery period will begin on the latest of the following dates:
a) Date of the order confirmation;
b) Date of fulfilment of all technical, commercial, and other requirements incumbent on the buyer;
c) Date on which DAE receives a downpayment or security that must be provided before the goods are delivered.
3.4. As a general rule, deadlines are subject to change without notice unless they are agreed in writing and confirmed in writing as binding.
3.5. The Customer shall accept minor delivery time overruns by DAE in any case, and shall not claim damages or withdraw from the contract for that reason. The Customer shall grant DAE a grace period in which to perform. If that grace period expires to no avail, the Customer may withdraw from the contract. DAE shall pay damages due to default only if DAE’s default is based on intent or gross negligence.
3.6. However, if unavoidable or unforeseeable events occur – including without limitation delays on the part of DAE’s contractors (supply chain bottlenecks) – DAE will not be required to adhere to any agreed delivery deadline.
3.7. The Customer shall accept partial deliveries and partial services if it could reasonably be expected to do so. Deviations and minor changes compared with the agreed service will be deemed ‘reasonable’ for the Customer to accept if they are marginal and objectively justified. If partial deliveries are made, partial invoices will be permitted.
3.8. If the Customer does not take over the goods as agreed (delay in acceptance), DAE may store the goods in return for a reasonable reimbursement for costs (0.15 % of the gross invoice amount per calendar day or part thereof) at the Customer’s risk. This can also be carried out (at the Customer’s expense and risk) by a tradesperson authorized for this purpose.
4. Confidentiality
4.1. Services, plans, sketches, and other documents such as brochures, catalogues, templates, presentations, and the like will the remain intellectual property of DAE. The Customer shall not forward, duplicate, publish, make available, copy in part or in full, or otherwise use them except with DAE’s express consent. If DAE performs a significant amount of consultation or planning work in preparing to tender, but no contract is formed, the Customer shall remunerate DAE for those services.
5. Payment
5.1. Due net within 14 days from the invoice date. A discount will be acknowledged only within the scope of and based on an agreement to that effect. The statutory interest rate applies. DAE may charge default damages that are owed beyond this default interest. If no justified objection to an invoice issued by DAE is made in writing within 4 weeks, the invoice will be deemed accepted in any case. Objections must be made in writing and must precisely identify those invoice line items whose correctness is being questioned. Objections have no influence on the due date of the overall invoiced amount.
5.2. The Customer shall not set off any claims against any of its own counterclaims.
6. Payment plan
6.1. For net order amounts of over 5,000 euros, 30 % of the purchase price will be charged as a downpayment when the contract is entered into. After the goods are delivered, an additional 70 % of the purchase price will be due for payment. Charges for installations and startups will be included in a final invoice.
7. Reservation of title
7.1. Delivered goods will remain the property of DAE until the purchase price have been paid in full.
The Customer is entitled to resell the goods subject to retention of title in the ordinary course of business. However, the authorisation to resell is subject to the condition that the Customer, in order to secure DAE’s purchase price claim, hereby assigns to DAE the claims against the second buyer arising from the resale, even if the goods subject to retention of title have been processed or modified, up to the amount of the outstanding purchase price. DAE hereby accepts this assignment.
In the event of resale with deferral of the purchase price, the Customer is only authorised to dispose of the goods subject to retention of title on condition that, at the same time as the resale, it informs the second buyer of the assignment by way of security or notes the assignment in its business records. The Customer is obliged to check the book entry and to send DAE a list of open items on a monthly basis.
Upon request, the Customer must disclose the assigned claim and its debtor to DAE and provide all information and documents necessary for the collection of the claim.
The Customer is not entitled to pledge the goods subject to retention of title or to transfer them as security. In the event of seizure or other claims, the Customer is obliged to point out DAE’s right of ownership and to notify DAE immediately.
8. Unless it explicitly mentions them, the offer does not include (among other things):
- Excavation and restoration work, foundation work, including planning and dimensioning
- Modernizing the cable infrastructure
- Power and data cables or internet connection
- Facility grounding, potential equalization, and lightning protection
- TÃœV inspection costs
- Installation and assembly and/or startup of the charging station as well as travel costs
- Closing fire barriers, openings, masonry, plasterwork, laying work
- Governmental coordination and permit
9. Notices of defects
9.1. Notices of defects are regulated under § 377 of the Austrian Commercial Code (Unternehmensgesetzbuch, UGB). The buyer must always prove that the defect already existed at the time of transfer. If a notice of defect is not made on time or at all, the goods will be deemed accepted. In these cases, warranty claims, claims for damages, and the right to avoidance on account of mistake due to defects cannot be asserted. This also applies for hidden defects, notice of which must be given without undue delay after their discovery.
10. Warranty; Guarantee
10.1. DAE ensures that the goods and services owed according to the offer are fit for the specified or obvious purpose and meet the relevant technical norms, the industry standards, the description, the specification, and the assurances made.
10.2. Warranty claims arising from the respective contract become time-barred after one year from the date on which the service was rendered or the delivery was handed over. Except for those cases in which the right to revoke the contract exists by law, DAE may satisfy warranty claims through repair, exchange, or price reduction, at DAE’s discretion. DAE may at its discretion repair the defective product or the defective part at the item’s usual location or arrange for the item to be sent to the place of performance or a supplier’s warehouse so it can be repaired or exchanged. If warranty claims are asserted, the Customer shall if needed assign to DAE any guarantee claims to which the Customer is entitled against the manufacturer of the charging stations. Other than that, the statutory warranty provisions apply.
10.3. Unless otherwise agreed, the warranty does not cover defects that arise due to arrangement and assembly not effected by DAE, inadequate installation, failure to observe the installation requirements and usage conditions, overloading the parts beyond the capacity specified by DAE, negligent or incorrect handling, and use of unsuitable operating materials; this also applies to defects attributable to material provided by the Customer. Neither will DAE be liable for damage attributable to third-party actions, atmospheric discharges, power surges, or chemical influences. The warranty does not cover the replacement of parts subject to natural wear and tear. This also applies to any guarantee.
10.4. To be clear: The warranty or guarantee will be voided immediately if the Customer or a third party not expressly authorized by DAE modifies or repairs the goods or services without DAE’s express written consent and no relevant trainings or certifications of the respective manufacturer are demonstrable to DAE.
10.5. If the Customer sends the delivered goods to DAE under the title of a warranty and DAE or the manufacturer concludes that no warranty claim exists, DAE shall notify the Customer of the the situation. At the same time, DAE may make the Customer an offer to have the goods repaired for a fee (offer). The Customer is not legally entitled to an offer of repair. If the Customer does not agree to this offer, the goods will be sent back in an unrepaired condition.
10.6. DAE gives no independent guarantee. Any guarantees that are passed on will be included in the tender along with their terms if the manufacturer of the device offers a guarantee. Thus, the guarantee or guarantee period equals the manufacturer’s guarantee or the guarantee granted by the manufacturer. Unless separately agreed, a guarantee relates in principle merely to the costs of the material and labour costs. The Customer shall bear any additional costs, such as travel costs charged by the manufacturer, in accordance with the guarantee conditions.
11. Data protection and data processing
11.1. In transacting the legal business at hand, each party shall comply with the data protection regulations and requirements, including without limitation Regulation (EU) 2016/679 (‘GDPR’) and the Austrian Data Privacy Act (Datenschutzgesetz, DSG), as amended.
11.2. If additional data protection agreements become necessary in order to transact the legal business in compliance with the aforementioned provisions, the parties shall enter into a separate agreement. Information on data protection and data processing can also be found online at: https://www.da-emobil.com/datenschutz.php
12. Installation services and acceptance procedures to be performed
12.1. Any appointment to render a service must be announced by a DAE technician. The Customer shall ensure that the technician or commissioned third party will have unrestricted access at all times during the announced time period. The Customer will be charged for any travel made to no avail (no access) in this regard.
12.2. A startup is not deemed an installation service. The startup contains only the configuration of the charging station for the operations in accordance with the Customer’s requests and a metrological inspection of the charging station.
12.3. DAE is not liable for electrical work not performed by DAE or a third party commissioned by DAE.
12.4. If DAE performs installation services (necessary construction or electrical work on site), the Customer shall at its expense and risk ensure that all conditions for DAE’s installation service are met. This also applies to, among other things, necessary preliminary work or preparations and to necessary official permits, applications, or reporting obligations (to power grid operators, internet providers, etc.). This also means that the Customer must have disposal over the necessary rights or permits for the installation and for operating the charging location (such as ownership or a building right). If the Customer is not the sole owner of the property in question, the Customer shall also obtain the necessary consent of any other owners or co-owners.
12.5. As a general rule, an acceptance procedure will be carried out for any installation services that have been performed (installation of the hardware) only after those services have been completed. For that purpose, DAE or the third party commissioned by DAE to perform the installation (authorized tradesperson) shall create an acceptance report together with the Customer or an authorized representative without undue delay after completion. Any defects detected must be included in that report. The Customer shall not refuse acceptance due to immaterial defects. If an acceptance procedure has been agreed, the goods or the service will be deemed completely accepted at the latest when they are first used as part of the Customer’s operations or business activity.
12.6. Interference, such as modifications or expansion by one or more third parties at the time of installation or later, will void the liability for the entire installation if a defect is attributable to that interference.
13. Place of performance
13.1. Unless a different location has been explicitly agreed, the place of performance is always DAE’s registered office.
14. Insurance
14.1. DAE recommends informing an insurance company about the construction of the offered components and making any adjustments of the insurance benefits. The Customer shall be solely responsible for taking out an appropriate insurance policy.
15. Withdrawal from the contract
15.1. Without prejudice to its other rights, DAE may withdraw from the contract if the delivery of the goods or the commencement or continuation of the service is impossible, or is further delayed after a reasonable grace period for performance has expired to no avail, for reasons for which the Customer is responsible; or if concerns arise about the Customer’s solvency and, despite DAE’s request, the Customer neither provides an advance payment nor (before making the delivery) provides adequate security; or if the Customer has made no payment although it has been given a reminder and a reasonable grace period; or for other important reasons entitling DAE to dissolve the contract with immediate effect, such as the initiation of insolvency proceedings against the Customer being rejected for lack of assets or the ending of such proceedings once initiated.
16. Liability and compensation
16.1. Except in cases of personal injury, DAE’s liability is limited to cases of gross negligence or willful misconduct. In all other cases, as with personal injury, DAE is not liable for ordinary negligence. Liability is also excluded for consequential damage, loss of prospective profit, loss of interest, operational downtime, unforeseeable loss of use, and for all indirect damage. These regulations also apply to the conduct of vicarious agents.
16.2. da emobil GmbH is not liable for the availability of the Customer’s charging services. The Customer is responsible for the charging stations being professionally repaired and maintained.
16.3. If a party is fully or partially prevented from performing the contract due to force majeure, it will not be required to meet the obligations it is prevented from meeting by force majeure until the hindrances, faults, or malfunctions and their consequences have been remedied. This also applies to malfunctions or maintenance of the grid as well as other circumstances for which DAE is not responsible.
16.4. DAE is not liable for damage, including consequential damage, attributable to defective installations by third parties, even if DAE carries out a startup of a load management, if one exists. DAE is not required to check the entire system during startups. DAE is not liable for damage caused by abusive or improper use, or by manipulation by the Customer or a third party. In particular, DAE is not liable for the occurrence of any peak loads.
17. Forum; Applicable law
Any disputes arising from this contract will be settled by the court having subject matter jurisdiction for DAE’s registered office. This contract is governed by Austrian substantive law without giving effect to the United Nations Convention on Contracts for the International Sale of Goods or the conflict of law rules.
18. Final provisions
18.1. da emobil GmbH may transmit the invoice electronically.
18.2. DAE may use subcontractors in rendering the services it owes or any parts thereof.
18.3. During installations, DAE and any subcontractors it has commissioned are not required to perform work that exceeds the contractually owed service according to the offer.
18.4. If any contract provisions are found ineffective, the continued existence of the remaining contract relationship as a whole will be unaffected and the parties shall replace each ineffective provision with a provision suited to bring about the same economic result. The same applies to loopholes in the contract.
18.5. As a general rule, only parts that meet the technical safety standards may be connected to the goods delivered by DAE. The Customer is responsible for the technical safety of the components it uses, such as (network) cables and sockets.
18.6. The Customer shall bear the costs for any necessary increase in the grid power to the Customer’s meter points, and for any exceedance of the permitted grid power.
The present document was written in German and translated into English. Only the German-language version is legally valid. The English version is for information purposes only.
Status: August 2025