Batterie Siems GmbH & Co. KG
Industriestraße 14 · 26160 Bad Zwischenahn
Local Court (Amtsgericht) Oldenburg HRA 201283 · VAT ID: DE 259014008
Managing Director: Achim Siems
Phone: +49 (0)4403 / 602020 · E-mail: info@batterie-siems.de
Status: November 2025

§ 1 Scope of Application

(1) These General Terms and Conditions (GTC) apply to all deliveries, services, installations and maintenance work provided by Batterie Siems GmbH & Co. KG (hereinafter the “Seller” or “Contractor”) to entrepreneurs (§ 14 BGB – German Civil Code) and consumers (§ 13 BGB).

(2) Deviating, conflicting or supplementary terms and conditions of the purchaser or client shall only become part of the contract if Batterie Siems GmbH & Co. KG has expressly agreed to their validity in writing.

(3) These GTC also apply to all future business relations without the need for renewed reference.

§ 2 Conclusion of Contract

(1) Offers made by Batterie Siems GmbH & Co. KG are non-binding and without obligation unless expressly designated as binding.

(2) A contract is concluded only upon written order confirmation, performance of the service or delivery of the goods.

(3) Technical modifications, further developments or customary deviations are reserved insofar as they are reasonable for the purchaser and do not impair the agreed function.

(4) Obvious errors and mistakes in offers, price lists or invoices (including typographical or arithmetical errors) entitle the Seller to correction.

§ 3 Prices and Terms of Payment

(1) The prices agreed at the time of contract conclusion apply in euros plus statutory value added tax.

(2) Unless otherwise agreed, invoices are payable within 14 days from the invoice date without deduction.

(3) For first-time orders, export deliveries or negative credit information, advance payment may be required.

(4) In case of default, the statutory default interest (§ 288 BGB) shall apply. For business customers, the default interest rate is 9 percentage points above the base interest rate.

(5) The purchaser is entitled to set-off only if counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by the Seller.

§ 4 Delivery, Dispatch and Transfer of Risk

(1) Delivery periods are binding only if expressly agreed in writing.

(2) For business customers, the risk of accidental loss or deterioration transfers to the purchaser upon handover to the carrier, freight forwarder or other person designated to perform the shipment.

(3) For consumers, the risk transfers only upon handover of the goods.

(4) Partial deliveries are permissible where reasonable for the purchaser.

(5) If delivery is delayed due to force majeure, natural disasters, strikes, shortages of energy or raw materials, delays by suppliers or other circumstances not attributable to the Seller, the delivery period shall be extended appropriately.

§ 5 Retention of Title

(1) The delivered goods remain the property of Batterie Siems GmbH & Co. KG until all claims have been paid in full.

(2) For business customers, the extended retention of title applies: the purchaser may resell the goods in the ordinary course of business, but hereby assigns to the Seller all claims arising from such resale in the amount of the invoice value.

(3) The purchaser must notify the Seller without delay of any seizures or other interventions by third parties.

§ 6 Services, Installation and Maintenance Work

(1) Installation, commissioning and maintenance work is carried out professionally in accordance with accepted technical standards and the relevant DIN/VDE regulations.

(2) The client must ensure that all prerequisites necessary for performance (unhindered access, power supply, safety facilities) are met in due time.

(3) If installation or maintenance is not possible for reasons attributable to the client, the Seller may charge the additional expenses incurred.

(4) Replaced parts become the property of Batterie Siems GmbH & Co. KG unless otherwise agreed.

§ 7 Warranty (Defects Liability)

(1) For consumers, the statutory rights for defects pursuant to §§ 434 et seq. BGB apply.

(2) For business customers:

• The limitation period for claims for defects is 12 months from delivery or acceptance.
• The purchaser must inspect the goods without undue delay upon receipt and notify any apparent defects in writing within 7 days (§ 377 HGB – German Commercial Code).
• In the event of a justified notice of defects, the Seller will, at its option, remedy the defect or deliver a replacement.
• Further claims, in particular for damages, exist only within the limits of § 8.

(3) No warranty is assumed for damage resulting from improper use, faulty installation, overloading, unauthorised technical interventions or inadequate maintenance by the purchaser or third parties.

§ 8 Liability

(1) Batterie Siems GmbH & Co. KG is liable without limitation for intent, gross negligence and for damages arising from injury to life, body or health.

(2) In the event of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.

(3) Any further liability, in particular for consequential damages, production downtimes or loss of profit, is excluded.

(4) Liability under the German Product Liability Act remains unaffected.

§ 9 Withdrawal and Default of Acceptance

(1) If the purchaser is in default of acceptance of the goods or services, Batterie Siems GmbH & Co. KG is entitled to store the goods at the purchaser’s cost and risk or to dispose of them otherwise after a reasonable period.

(2) In the event of payment default, imminent insolvency or an application to open insolvency proceedings, the Seller may withdraw from the contract and claim damages.

§ 10 Right of Withdrawal (Consumers Only)

(1) Consumers have a statutory right of withdrawal pursuant to § 355 BGB.

(2) The withdrawal period is 14 days from receipt of the goods.

(3) To exercise the right of withdrawal, the withdrawal form provided on our website may be used.

(4) The purchaser bears the direct costs of returning the goods.

(5) The right of withdrawal does not apply to goods made to the consumer’s specifications or clearly tailored to personal needs, nor to goods which, after delivery, have been inseparably mixed with other items.

§ 11 Data Protection

(1) Personal data are processed exclusively in accordance with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

(2) Batterie Siems GmbH & Co. KG processes customer data solely for contract performance, delivery, invoicing and customer support.

(3) Further details regarding the type, scope and purpose of data processing are set out in our website Privacy Policy.

§ 12 Dispute Resolution / Online Dispute Resolution

(1) The European Commission provides a platform for out-of-court online dispute resolution (ODR): https://ec.europa.eu/consumers/odr

(2) Batterie Siems GmbH & Co. KG is not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 13 Applicable Law, Place of Performance and Jurisdiction

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) The place of performance for all deliveries and services is the registered office of Batterie Siems GmbH & Co. KG, 26160 Bad Zwischenahn.

(3) The exclusive place of jurisdiction for all disputes with merchants, legal entities under public law or special funds under public law is Oldenburg.

(4) For consumers, the statutory places of jurisdiction apply.

§ 14 Final Provisions

(1) Amendments or additions to these GTC must be made in text form.

(2) Should any provision of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected.

(3) In place of the invalid provision, a valid provision shall be deemed agreed which comes closest to the economic purpose of the original provision.

Note: This English version is provided for convenience. In case of discrepancies, the German version prevails.