Key activity of TESLA Energy Storage je predaj škálovateľných batériových úložísk, v ktorých využívame tie najkvalitnejšie kvapalinou chladené  batériové moduly od spoločnosti CATL.

Contacts

Viedenská cesta 5. 851 05 Bratislava

sales@teslaeh.eu

+421 911 101 073

General Terms and Conditions of TESLA Battery Storage SK Ltd.

Article I.
General Provisions

1.1 These General Terms and Conditions of TESLA Battery Storage SK a.s. (hereinafter referred to as "GTC") apply, subject to the condition according to point 1.2, to all contracts (hereinafter referred to as "Contract"), under which TESLA Battery Storage SK a.s. (hereinafter referred to as "Contractor") undertakes to perform work for its customer (hereinafter referred to as "Orderer"). The work refers to the construction of various types of scalable battery systems (hereinafter referred to as "Equipment").

1.2 These GTC apply only to those Contracts that expressly refer to these GTC. The content of the Contract is always determined based on the price offer prepared by the Contractor and accepted by the Orderer.

Article II.
Execution of the Work

2.1 Unless otherwise agreed by the parties, the Work is considered executed the moment the Equipment is installed by the Contractor at the designated location. Unless otherwise agreed, the Contractor is responsible for transporting it to the designated location.

2.2 The date of the taxable supply is the day the customer receives the equipment and signs the handover protocol of the Equipment at the agreed place of destination.

2.3 The risk of damage to the Equipment passes to the Orderer:
a) if the transportation of the Equipment to the Orderer is arranged by the Contractor, from the day the vehicle with the Equipment arrives at the agreed place of destination
b) if the Orderer arranges the transportation of the Equipment to themselves, the day when the Equipment is ready for loading onto the Orderer's vehicle at the Contractor's facility.

2.4 The Equipment is a unique device made precisely according to the Orderer's requirements and meets their specific needs. For this reason, a pre-acceptance inspection of the Equipment can be conducted at the Contractor's facility before its completion. During this, the Orderer has the opportunity to continuously check the execution of the Work and suggest any modifications to the Equipment. If the parties agree on a pre-acceptance inspection of the Equipment, it will always take place at the Contractor's facility. The Orderer is obliged to ensure the presence of a sufficient number of their personnel necessary for conducting the pre-acceptance inspection of the Equipment. The Orderer is required to provide samples of all components and materials that the Equipment is to process (to realistically test the functionality of the Equipment) at the time and quantity specified by the Contractor.

2.5 The ownership rights to the Equipment pass to the Orderer only upon the full payment of the work's price.

2.6 The Contractor is entitled to request written confirmation from the Orderer of the completion of any agreed stage of the Work's execution (for example, but not limited to, a protocol on the pre-acceptance inspection, handover protocol after the installation of the Equipment, etc.). The form of confirmation is determined by the Contractor.

Article III.
Price of the Work

3.1 The price of the work covers the costs of fulfilling all the Contractor's obligations established by the Contract. Thus, if for example the Contractor is obliged to provide transportation of the Equipment to the destination, the price also covers the costs of its packaging and this transportation. However, customs duties and other costs that need to be incurred in direct connection with the transportation of the Equipment across the border of the customs territory are always borne by the Orderer.

3.2 Unless otherwise agreed, the deadline for the payment of the work's price is 30 days from the date of the taxable supply according to point 2.2.

3.3 Value Added Tax (VAT) will be added to the price of the Work.

3.4 The Contractor reserves the right to change the price stated in the price offer, on which the Contract was concluded, if the price change occurs due to changes in the costs of inputs necessary for the production of the Equipment and these changes are beyond the Contractor's control. Changes beyond the Contractor's control are considered to be an increase in the input costs of components used in the realization of the Equipment by more than 5% from the date of acceptance of the price offer until the moment of their actual ordering from the Contractor's subcontractor. In this case, the total price of the Equipment will be increased by the rise in component prices. In the event of an increase in component prices, the Orderer will always be promptly informed by the Contractor about the cost of inputs at the time of the price offer acceptance and about the cost of inputs at the time of their actual ordering from the subcontractor.

Article IV.
Cooperation of the Orderer

4.1 In addition to the obligations expressly agreed upon in the Contract, the Orderer is also required to provide all other cooperation necessary for the execution of the Work to the Contractor. If the Orderer does not provide the necessary cooperation to the Contractor within 15 days of the Contractor's written request, the Contractor is entitled to withdraw from this contract. This does not affect the Orderer's right to withdraw from the Contract in other cases established by law.

4.2 In the event of the Contractor's withdrawal from the Contract, the Orderer is obliged to pay the Contractor a contractual penalty in the amount of 100% of the price of the Work (meaning the price without value-added tax). With the consent of the Contractor, it is possible to agree otherwise, if the Contractor has not incurred all the costs considered in the Contract for the completion of the work, especially in the event that the Orderer withdraws from the Contract before the work is completed. To eliminate any doubts, the contracting parties state that each of them considers the contractual penalty in the specified amount to be fair and in accordance with good morals and the principle of fair business practices. For clarification, the contracting parties state that the Equipment is a unique device made exactly according to the Orderer's requirements and corresponding to its specific needs. Therefore, further resale of the Equipment to a third party or any other use is not possible. However, in the event of the Contractor's withdrawal from the Contract, the Orderer may request the release of the part of the Equipment that has been completed before the withdrawal; the associated costs are borne by the Orderer.

4.3 Deadlines for the execution of the Work and other deadlines that the Contractor is obliged to adhere to during the execution of the Work do not run during the delay of the Orderer in providing the cooperation that the Orderer is obliged to provide to the Contractor.

Article V.
Responsibility for defects

5.1 The Contractor is responsible for defects that the Equipment has at the time of the execution of the Work and for defects that occur during the warranty period (if agreed upon). The warranty period for the equipment is 12 months, unless otherwise stated in the offer.
5.2 The Buyer is obliged to report defects to the Contractor in writing, specifying the scope and nature of the defect precisely. The Buyer's claims for defects expire if the defect is not reported in the prescribed manner within ten days from the day when the Buyer could have learned about it with due professional care. In the case of a written defect report during the warranty period during working hours from 7:00 am to 5:00 pm, we guarantee the initiation of complaint processing within 24 hours of the following working day.

5.3 The method and deadline for satisfying claims for defects shall be determined by the Contractor in such a way that it is in accordance with the nature of the defect and in line with the principle of fair commercial practice.

Article VI.
Intellectual Property

6.1 All intellectual property rights to the Equipment, including its software equipment, plans, drawings, manufacturing processes, and other assets that are part of the Equipment and capable of being subject to intellectual property rights (collectively hereinafter referred to as 'Intellectual Property related to the Equipment'), belong to the Buyer.

6.2 The Buyer is entitled to use the Intellectual Property related to the Equipment only to the extent necessary for the proper use of the Equipment. To exclude any doubts, the parties expressly state that the Buyer is not allowed to create replicas of the Equipment or any of its parts, make copies of its software equipment, plans, and drawings, and shall not make the Equipment, any of its parts, its software equipment, plans, and drawings available to any third party.

Article VII.
Final Provisions

7.1 The provisions of the Contract and these GTC take precedence over any provisions of the Buyer's similar general terms and conditions. The agreements negotiated by the contracting parties contained in the price offer under point 1.2 take precedence over these GTC.

7.2 The contracting party that causes damage to the other contracting party by violating its obligations is obliged to compensate it in full, even if the fulfillment of the breached obligation is secured by a contractual penalty.

7.3 Termination of this contract, except in cases expressly provided for by law, does not apply to provisions regarding contractual penalties, protection of confidential information, and intellectual property related to the Equipment.

7.4 The contracting parties have agreed that the content of the Contract as well as all information provided to each other in its conclusion and performance are confidential information.

7.5: "The legal relationships of the contracting parties are governed by the legal order of the Slovak Republic, with the exception of its conflict provisions." 7.6: "The competence to resolve disputes of the contracting parties lies with the courts of the Slovak Republic.

 

Supervisory Authority

Inspectorate of SOI

 with headquarters in Bratislava 

for the Bratislava Region

 Bajkalská 21/A, P.O. Box 5, 820 07 Bratislava 27

 Supervision Execution Department

 +421 2 5827 2172 – 3; +421 2 5827 2106

 fax. č.: 02/ 58 272 170

 e-mail: ba@soi.sk

 

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