Note: These Terms and Conditions serve as the general framework for business relationships with commercial customers. The specific terms of the respective quotation or order confirmation shall additionally apply to individual projects.
§ 1 Scope
(1) These General Terms and Conditions (hereinafter "Terms") apply to all current and future business relationships between
Ladeengel – Oliver Kalz e.K.
Owner: Oliver Kalz
Wanninchener Str. 8
15926 Luckau, OT Görlsdorf
Germany
(hereinafter "Provider") and the customer. These Terms apply exclusively to businesses and commercial entities within the meaning of § 14 of the German Civil Code (BGB). Consumer transactions within the meaning of § 13 BGB are not concluded.
(2) Conflicting, supplementary, or deviating terms of the customer shall not become part of the contract unless the Provider expressly agrees to their applicability in writing. This requirement of consent applies in all cases, even if the Provider performs deliveries or services without reservation while being aware of the customer's deviating terms.
(3) Individual agreements made in specific cases (including side agreements, supplements, and amendments) shall take precedence over these Terms. A written contract or written confirmation by the Provider shall be decisive for the content of such agreements.
§ 2 Description of Services and Website
(1) The Provider operates the website scu-group-europe.eu as an information platform for commercial and industrial energy storage solutions (C&I), container battery energy storage systems (BESS), and EV charging infrastructure. The Provider acts as an importer and project contact for SCU Power Group products in Europe.
(2) The products, services, technical specifications, and images presented on the website do not constitute binding offers. They are provided for informational purposes and as an invitation to submit an inquiry. Technical changes and deviations in colour, weight, and dimensions are reserved within the scope customary in the industry.
(3) The Provider does not guarantee uninterrupted availability of the website. Claims by the customer due to limited availability are excluded.
§ 3 Inquiries and Conclusion of Contract
(1) Inquiries submitted via the contact form, by email, or by telephone are non-binding. The Provider will prepare an individual quotation based on the inquiry.
(2) Quotations from the Provider are subject to change and valid for 30 days from the date of issue unless otherwise stated in the quotation.
(3) A binding contract is only established upon written order confirmation by the Provider. The order confirmation is authoritative for the scope of delivery or service.
(4) Documents that form part of the quotation (calculations, drawings, technical data sheets) are only binding if expressly marked as such.
§ 4 Prices and Payment Terms
(1) The prices stated in the respective quotation shall apply. All prices are quoted net, exclusive of statutory VAT at the applicable rate, as well as any packaging, shipping, and insurance costs.
(2) Where prices are calculated on the basis of foreign currencies (in particular USD or CNY), the Provider reserves the right to adjust prices if the relevant exchange rate changes by more than 3% between the quotation date and order confirmation. The Provider shall inform the customer of any such adjustment without delay.
(3) Payment terms are specified in the respective quotation or order confirmation. Unless otherwise agreed, invoices are due within 14 days of the invoice date without deduction.
(4) In the event of late payment, the Provider is entitled to charge default interest at a rate of 9 percentage points above the applicable base interest rate (§ 288(2) BGB). The right to claim further damages for delay is reserved.
§ 5 Delivery and Transfer of Risk
(1) Delivery times and conditions are specified in the individual quotation or order confirmation. Delivery periods commence on the date of the order confirmation, but not before all documents, approvals, and clearances required for execution have been received and the agreed advance payment has been made.
(2) Deliveries are made, unless otherwise agreed, ex warehouse or ex works of the manufacturer. The delivery terms (Incoterms® 2020) are specified in the respective quotation. In the absence of a specification, EXW (Ex Works) per Incoterms® 2020 shall apply.
(3) The risk of accidental loss or accidental deterioration of the goods passes to the customer upon handover of the goods to the carrier, freight forwarder, or other party designated to carry out the shipment — including in cases of freight-free delivery.
(4) Partial deliveries are permitted where reasonable for the customer. Each partial delivery may be invoiced separately.
(5) If the customer is in default of acceptance or breaches other duties of cooperation, the Provider is entitled to claim compensation for any resulting damages, including additional expenses (e.g., storage costs).
§ 6 Retention of Title
(1) The Provider retains title to the delivered goods until full payment of all claims arising from the ongoing business relationship (extended retention of title).
(2) The customer is obliged to treat the reserved goods with care and to insure them adequately at replacement value against fire, water, and theft damage at their own expense. The customer hereby assigns to the Provider their claims under the insurance contracts in the amount of the Provider's claims. The Provider accepts the assignment.
(3) In the event of conduct by the customer contrary to the contract, in particular in the event of default in payment, the Provider is entitled to demand the return of the reserved goods after setting an unsuccessful deadline. The repossession of the goods does not constitute withdrawal from the contract unless the Provider expressly declares this.
(4) The customer may resell the reserved goods in the ordinary course of business. The customer hereby assigns to the Provider all claims arising from the resale in the amount of the Provider's claims. The customer is authorised to collect the assigned claims. The Provider is entitled to revoke this authorisation if the customer fails to properly meet their payment obligations.
§ 7 Obligation to Inspect and Report Defects
(1) The customer is obliged to carefully inspect the delivered goods immediately upon receipt. This includes, in particular, checking for transport damage, completeness, and apparent defects.
(2) Apparent defects and incorrect deliveries must be reported to the Provider in writing within 7 business days of receipt of the goods. Hidden defects must be reported in writing without delay after discovery, but no later than within 7 business days of discovery.
(3) Transport damage must additionally be documented immediately with the carrier and reported to the Provider.
(4) If the customer fails to properly inspect the goods and/or report defects, the goods shall be deemed approved. The assertion of warranty claims is excluded in this case. This does not apply to defects that were not identifiable during the inspection.
§ 8 Warranty and Liability
(1) The warranty period is 12 months from delivery, unless a different period has been agreed in the individual case. This does not apply to claims for damages by the customer arising from injury to life, body, or health, or from grossly negligent or intentional breaches of duty by the Provider.
(2) Manufacturer warranties (SCU Power Group) remain unaffected by these Terms and are governed by the respective manufacturer documentation. The Provider will assist in mediating manufacturer warranty claims to the extent possible but does not assume any independent warranty unless expressly agreed in writing.
(3) Wear parts (in particular battery capacity loss within the degradation curve specified by the manufacturer, connectors, fuses) are not subject to warranty to the extent that the wear corresponds to normal use.
(4) In the case of justified defect claims, the Provider shall, at its discretion, provide repair or replacement delivery (supplementary performance). If supplementary performance fails after a reasonable period, the customer may demand a reduction in price or withdrawal from the contract.
(5) The Provider's liability for slight negligence is excluded unless essential contractual obligations (cardinal obligations), damages arising from injury to life, body, or health, or guarantees are affected. Liability is otherwise limited in amount to the foreseeable, contract-typical damage.
(6) Liability for indirect and consequential damages (in particular lost profits, production downtime, loss of use) is excluded in cases of slight negligence.
(7) The above limitations of liability also apply in favour of the Provider's vicarious agents and subcontractors.
(8) Mandatory liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.
§ 9 Force Majeure
(1) Events of force majeure entitle the Provider to postpone delivery for the duration of the impediment plus a reasonable start-up period. Force majeure includes, in particular: natural disasters, pandemics, war, terrorism, civil unrest, official orders, embargoes, sanctions, strikes, lockouts, operational disruptions, shortages of raw materials or energy, and transport interruptions.
(2) The same applies if the aforementioned circumstances occur at the level of sub-suppliers or subcontractors.
(3) The Provider shall inform the customer of the occurrence and expected duration of the impediment without delay.
(4) If the impediment lasts longer than 4 months, either party is entitled to withdraw from the contract. In this case, services already rendered shall be settled on a pro rata basis.
§ 10 Confidentiality
(1) The parties undertake to keep confidential all confidential information obtained in the course of the business relationship (in particular prices, calculations, technical specifications, business plans) and to use such information only for the purpose of the business relationship.
(2) The obligation of confidentiality does not apply to information that (a) is or becomes publicly known without this being the result of a breach of this obligation, (b) was already lawfully known to the receiving party, or (c) must be disclosed due to a statutory obligation or official order.
(3) The obligation of confidentiality shall continue for a period of 3 years beyond the termination of the business relationship.
§ 11 Intellectual Property
(1) All content published on the website (text, images, graphics, technical data sheets, software tools) is protected by copyright. Reproduction, modification, or distribution requires the prior written consent of the Provider.
(2) Technical documents (drawings, data sheets, calculations) provided to the customer as part of the quotation process remain the property of the Provider and may not be made accessible to third parties.
§ 12 Technical Specifications and Online Calculators
(1) Technical specifications for our products (capacity, dimensions, power ratings, weight) on this website are based on manufacturer data and have been compiled to the best of our knowledge. Technical changes and errors reserved. The specifications stated in the respective quotation or order confirmation shall prevail.
(2) Online calculators and estimation tools on this website are provided for non-binding orientation purposes only. The results do not replace professional dimensioning or economic feasibility studies. Liability for economic decisions based on these calculations is excluded to the extent permitted by law.
§ 13 Governing Law and Jurisdiction
(1) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) The place of jurisdiction for all disputes arising from or in connection with these Terms is Cottbus, Germany, provided that the customer is a merchant, legal entity under public law, or a special fund under public law. The Provider is also entitled to bring proceedings at the customer's general place of jurisdiction.
§ 14 Final Provisions
(1) The customer may only set off claims that are undisputed or have been finally established by a court of law. Rights of retention are only available to the customer insofar as the counterclaim is based on the same contractual relationship.
(2) The transfer of rights and obligations of the customer under the contract requires the written consent of the Provider.
(3) Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the invalid provision.
(4) Amendments and additions to these Terms must be made in writing. This also applies to the waiver of this written form requirement.
(5) The Provider's current privacy policy applies, available at scu-group-europe.eu/privacy.
Last updated: March 2026