Legal Matters

Terms and Conditions

Our General Terms and Conditions

General Terms and Conditions of HO-MA Notstrom GmbH

Part A: Delivery Terms

The following terms apply only to commercial buyers and not to consumers. For consumers using our online shop, the conditions mentioned in Part C: Online Shop apply.

Part A: Delivery Terms

Part A I. General

1. Our general terms and conditions apply, unless expressly agreed otherwise, to all offers, orders, purchase contracts, and deliveries we provide to clients (buyers). They also apply to future business relationships, even if not explicitly agreed upon again. Deviating general terms and conditions of the client (buyer) are not recognized, even if we do not expressly object to them. The following conditions also apply if we execute the client's (buyer's) order unconditionally, despite being aware of conflicting or divergent conditions.

2. Orders and other agreements, even if deviating from these delivery terms, must be made in writing or confirmed in writing. To the extent that confirmation is provided by us, its content is binding for the contractual relationship with the client (buyer) unless the latter promptly objects in writing upon receipt or if its content significantly deviates from the order or agreement. Written confirmation also includes confirmation in electronic form (email) if it complies with legal requirements.

3. The faulty transmission of fax orders, telephone orders, or telegraphed orders, as well as instructions, is at the risk of the client (buyer).

4. We reserve all property and copyright rights in offers, cost estimates, drawings, software, and other documents; they may not be disclosed to third parties without prior consent.

5. We are entitled to assign the claims arising from our terms and conditions.

6. Payments that we have assigned are to be made exclusively to the factoring company indicated on our invoices, with discharging effect. We have assigned our present and future claims from our business relationship to this factoring company. We have also transferred our reservation of ownership to the factoring company.

Part A II. Prices

1. All prices are stated in EURO, net, and unless otherwise offered, are subject to additional charges (e.g. shipping, packaging, installation, and assembly) as well as the applicable value-added tax.

2. Customs duties and export taxes are the responsibility of the client (buyer).

3. If we have undertaken installation or assembly and unless otherwise agreed, the client (buyer) shall bear all necessary incidental costs associated with it, in addition to the agreed remuneration.

Part A III. Conclusion of Contract

1. Our offers are subject to change and non-binding.

The buyer is bound by their order upon its receipt by us. The conclusion of the purchase contract takes place through our written order confirmation or invoice. The scope of the delivery is binding according to our written order confirmation, unless the client (buyer) immediately objects to any deviations from the order. Contractual changes and additions are binding for us only if confirmed by us in writing.

2. The transfer of rights and obligations of the client (buyer) from the contract to third parties requires our prior written consent.

If a purchase contract is concluded between us and the client (buyer), the buyer is obligated to accept the ordered goods. In the event of refusal to fulfill, we are entitled to demand compensation for non-fulfillment amounting to at least 20% of the net contract amount of the non-accepted goods plus the applicable statutory value-added tax. The amount of damages is higher or lower if we prove a higher damage or the buyer proves a lower damage.

Part A IV. Payment Terms

1. Invoice amounts are due immediately, unless otherwise agreed upon in writing.

2. The client (buyer) can only set off or assert a right of retention against our claims if the buyer's counterclaim is undisputed or has been legally established. The buyer is only entitled to exercise a right of retention if their counterclaim is based on the same contractual relationship.

3. Representatives and other agents of ours are only authorized to receive payments with the explicit approval of the management. Bank fees are borne by the client (buyer). Down payments are not subject to interest. Payment instructions, checks, and promissory notes are accepted only by special agreement and only for payment purposes, with all collection and discount charges applied.

4. If the buyer is in default with any payment obligations towards us, all existing claims become due immediately.

5. All payments are to be made exclusively to VR Factoring GmbH, Hauptstraße 131 – 137, 65760 Eschborn, with discharging effect. We have assigned our present and future claims from our business relationship to VR Factoring GmbH. We have also transferred our reservation of ownership to VR Factoring GmbH.

6. Offsetting by the customer against counterclaims is excluded unless the counterclaims are undisputed or legally determined. The assertion of a right of retention by the customer is excluded unless it is based on the same contractual relationship or the counterclaims are undisputed or legally determined.

7. For the fulfillment of our factoring agreement (assignment of our claims and transfer of debtor management), we will transmit the following data to the financial service institution VR Factoring:

Names and addresses of our debtors
Data of our claims against our debtors (especially gross amount and due date)
If applicable, names of contacts and contact information of our debtors (phone number, email address) at their premises for coordination of accounts receivable.

VR Factoring will disclose the company data of the debtors to credit agencies and trade credit insurers, as well as to data processors (IT data processing, printing service providers, etc.).

The further details regarding data processing can be found in the 'Data Protection Information' of VR Factoring GmbH, which you can view and download online at http://www.vr-factoring.de/datenschutz-vrf.

Part A V. Delivery

1. Delivery dates or deadlines that have not been expressly agreed upon as binding are exclusively non-binding indications. Compliance with deadlines for deliveries requires the timely receipt of all documents to be provided by the client (buyer), necessary approvals and clearances, especially plans, as well as compliance with the agreed payment terms and other obligations by the client (buyer). This explicitly includes all client-side preconditions and efforts. If these conditions are not met or not met in a timely manner, the deadlines will be extended appropriately. This does not apply if we are responsible for the delay.

2. The deadline is considered met:
a) for delivery without installation and assembly, when the ready-to-operate shipment has been dispatched or picked up within the agreed delivery or performance period. If the delivery is delayed due to reasons attributable to the client (buyer), the deadline is considered met upon notification of readiness for shipment within the agreed period.
b) for delivery with installation and assembly, as soon as this has been completed within the agreed period.

7. In the event of unforeseen circumstances beyond our control, whether occurring at our facility or with our suppliers, such as operational disruptions, defects, delays in the delivery of raw and construction materials, lockouts, etc., the delivery deadlines will be extended accordingly, provided that the events demonstrably affect the completion or delivery of the delivered goods. The same applies in cases of force majeure, such as war, strikes, and official measures, and also when suppliers or other third parties do not fulfill their contractual obligations, especially not in a timely manner. The aforementioned circumstances are not our responsibility even if they occur during an existing delay. On the other hand, they entitle us to withdraw from the contract.

8. In cases where, for substantial reasons, we cannot effect delivery or can only do so with disproportionately large effort, we are entitled to withdraw from the contract and are obligated only to refund any advance payment made.

9. If shipment or delivery is delayed by more than one month at the request of the client (buyer) after notification of readiness for shipment, the client (buyer) may be charged storage fees of 0.5% of the price of the items of the delivery for each month commenced, but not exceeding a total of 5%. The parties to the contract are not precluded from providing evidence of higher or lower storage costs. Upon occurrence of acceptance default or debtor default, the risk of accidental deterioration and accidental loss passes to the client (buyer).

10. We are at all times entitled to partial deliveries and partial performances, to the extent that this is reasonable for the client (buyer).

11. Further claims by the client (buyer) are excluded. This does not apply in cases of intent, gross negligence, or mandatory liability due to injury to life, body, or health. The aforementioned provisions do not entail a reversal of the burden of proof to the disadvantage of the client (buyer).

12. We reserve the right to offer the buyer a delivery item of a different model or type if the ordered model or type is no longer manufactured by the intended delivery date. We are not obligated to provide the originally ordered delivery item or to provide compensation for non-fulfillment.

Part A VI. Transfer of Risk

13. The risk passes to the client (buyer) for deliveries without installation or assembly at the point in time when they have been dispatched for shipment or collected by the client (buyer), even if partial deliveries are made or we have undertaken other services such as shipping costs or delivery and installation.

14. For deliveries with installation or assembly, the risk for the delivered parts passes to the client (buyer) on the day of installation or placement at the designated installation site. If the placement depends on the

cooperation or performance of the client (buyer) or third parties, the risk passes to the client (buyer) upon delivery of the service by us.

1. If the dispatch, delivery, commencement, execution of installation or placement, completion, or any other agreed-upon time of the transfer of risk is delayed due to reasons attributable to the client (buyer), or if the client (buyer) is otherwise in default of acceptance, the risk passes to the client (buyer).

A VII. Reklamation und Entgegennahme

1. Claims, especially regarding transport, packaging damage, and similar obvious defects, are excluded if they are not reported to us in writing immediately after delivery, accompanied by a written confirmation from the carrier.

2. The client (buyer) may not refuse the acceptance of deliveries due to insignificant defects.

A VIII. Right to Refuse Performance

If insolvency, composition, or a similar procedure for debt settlement is initiated against the client (buyer), or if the financial circumstances of the client (buyer) deteriorate significantly in a way that jeopardizes our payment claims, we are entitled, regardless of the contractual agreements, to refuse delivery or other services at any time or to make them contingent on advance payments or the provision of collateral.

A IX. Default of the Client (Buyer)

1. If the delivery is delayed for reasons attributable to the client (buyer), he is obliged, without prejudice to further claims, to reimburse the costs associated with this delay. The same applies in the case of our right to refuse performance due to payment default or in accordance with Article VIII of these delivery terms.

2. If the client (buyer) does not take delivery of the delivered item at the agreed-upon time or the time when it is ready for handover, we are entitled, after 14 days have elapsed, to claim and withhold, as a contractual penalty, 0.25% per day, but not more than 5% of the order amount. The right to accept and pay for the delivered item is not forfeited by the assertion of the contractual penalty

untouched. These provisions do not apply to contracts with consumers.

3. In case of default by the client (buyer), we are also entitled, after setting a reasonable grace period for acceptance and/or payment, to withdraw from the contract or otherwise dispose of the delivered item and supply the client (buyer) at a later postponed date, at the then applicable price.

A X. Liability for Defects

We are liable for defects in the delivery (subject to any specific contractual provisions) to the exclusion of any further claims, as follows:

1.At our discretion, all parts or services that demonstrably exhibit a defect within the warranty period at the time of the transfer of risk shall be rectified, replaced, or re-performed free of charge. Replaced parts shall become our property.

3. The identification of such defects must be reported to us promptly and in writing. Otherwise, the delivery shall be deemed approved with regard to these defects

2. Claims for defects have a 12-month statute of limitations. This does not apply to the extent that the law provides otherwise under §§ 438 (1) No. 2 (buildings and items for buildings), 475 (2).

Consumer goods purchase), 479 (1) (recourse claim), and 634a (1) No. 2 (structural defect) of the German Civil Code (BGB) prescribe longer periods, as well as in cases of injury to life, body, or health resulting from negligent breach of duty by us or intentional or grossly negligent breach of duty by one of our legal representatives or agents, and in cases of fraudulent concealment of a defect.

3. The legal provisions regarding suspension, interruption, and restart of deadlines remain unaffected. Insofar as the VOB/B, as a whole, meaning without significant limitations, has been agreed upon in the contract, the provisions therein apply to the statute of limitations for the client's (buyer's) defect claims.

4. Defect claims do not exist in the case of only a minor deviation from the agreed quality, only a minor impairment of usability, natural wear and tear (wear, aging, and consumption), or damage that occurs after the transfer of risk due to faulty or negligent handling, excessive use, inappropriate operating equipment, defective construction work, unsuitable building ground, chemical or electrical influences, or due to other special external influences that were not foreseen in the contract, as well as in the case of non-reproducible software errors. If the client (buyer) or third parties make improper changes or repairs, there are also no defect claims for these and the resulting consequences.

3. First, we must be given the opportunity to provide subsequent performance within a reasonable period. If subsequent performance fails, the client (buyer) may, without prejudice to any claims for damages under Article XI, withdraw from the contract or reduce the compensation. Rectification is deemed to have failed after the second unsuccessful attempt, unless circumstances, in particular the nature of the item or the defect, or other circumstances indicate otherwise. In the event of a desired reduction, if the parties do not reach an agreement on the amount of the reduction, a report by an expert appointed by the Chamber of Commerce responsible for the place of delivery shall decide. The costs of the expert's report shall be borne by the client (buyer).

4. To the extent that the complaint about defects is unjustified, we are entitled to demand reimbursement from the client (buyer) for the expenses incurred.

5. The client's (buyer's) claim for the free-of-charge subsequent performance is excluded with respect to the expenses required for this purpose, especially transport, travel, labor, and material costs, to the extent that the expenses increase because the subject of the delivery has subsequently been moved to a location other than the one originally specified in the contract, unless such relocation corresponds to its intended use.

6. Recourse claims by the client (buyer) against us in accordance with §478 BGB (Recourse of the Entrepreneur) exist only to the extent that the client (buyer) has not made agreements with its purchaser that go beyond the statutory defect claims. For the scope of the client's (buyer's) recourse claim against us in accordance with § 478 (2) BGB, paragraph 7 shall apply accordingly.

7. Furthermore, Article XI applies to claims for damages. Any additional or different claims by the client (buyer) against us and our agents for defects, other than those regulated in this Article X, are excluded.

A XI. Other Claims for Damages

1. Claims for damages and reimbursement of expenses by the client (buyer) (hereinafter: claims for damages), regardless of the legal basis, in particular due to breaches of obligations arising from the contractual relationship and from unlawful acts, are excluded.

2. This does not apply in cases where liability is mandatory, for example, under product liability law, in cases of injury to life, body, or health resulting from negligent breach of duty by us or intentional or grossly negligent breach of duty by one of our legal representatives or agents, as well as for the violation of essential contractual obligations.

3. However, the claim for damages due to the breach of essential contractual obligations is limited to the typical, foreseeable damages under the contract, unless there is liability for intent or gross negligence or for the violation of life, body, or health. The above provisions do not entail a shift of the burden of proof to the disadvantage of the client (buyer).

4. To the extent that the client (buyer) is entitled to claims for damages under this Article XI, these claims shall expire upon the expiration of the statute of limitations period applicable to claims for defects in accordance with Article X, paragraph 3. For claims for damages under the Product Liability Act, the statutory limitation provisions apply.

A XII. Retention of Title

All items of the deliveries, including those that are installed in the client's (buyer's) property as part of repair orders, shall remain our property until the complete payment of all claims arising from the business relationship, regardless of the legal basis.

1. The client (buyer) is not authorized to pledge, transfer as security, or otherwise dispose of the goods subject to retention of title. Any seizures or other third-party actions must be promptly reported to us. The client (buyer) shall reimburse us for any costs incurred through interventions or intervention lawsuits.

2. Any processing or transformation of the goods subject to retention made by the customer is always carried out on our behalf. If the goods subject to retention are processed together with other items that do not belong to us, we acquire co-ownership of the new item in proportion to the value of the goods subject to retention (invoice amounts including VAT) to the other connected or mixed items at the time of connection or mixing.

If the customer's item is to be considered a principal thing, the customer transfers joint ownership of this item to us. We accept the transfer.

The sole ownership or co-ownership of an item created in this way shall be kept by the customer on our behalf.

3. The retention of title also extends to the proceeds from the resale of the items delivered by us by the client (buyer), up to the amount of the respective invoice total for the sold items. In this respect, the future claims of the client (buyer) against its customers from the resale are hereby assigned to us as collateral, together with all ancillary rights, without the need for any subsequent separate declaration.

4. The client (buyer) is obligated to insure goods owned by us against fire and theft, and to provide proof of such insurance upon request.

5. No withdrawal from the contract is necessary to enforce the rights arising from retention of title, unless the buyer is a consumer.

A XIII. Involvement of Third-Party Companies

We are authorized to assign the order, whether in whole or in part, to third-party companies of our choice. The provisions of Articles X and XI of these terms and conditions apply to liability towards the client (buyer).

A XIV. Jurisdiction

The place of jurisdiction is the registered office of HO-MA Emergency Power GmbH or Frankfurt am Main. Alternatively, we may also sue the lessee at its place of business.

A XV. Anwendbares Recht

The contractual relationship is subject exclusively to German law, in particular the Civil Code and Commercial Code. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

Part B: General Rental Terms

B I. Definitions

1. In these General Rental Terms, the following terms shall have the following meanings: Landlord: HO-MA Emergency Power GmbH;

Tenant: the contracting party (client) of HO-MA Emergency Power GmbH; Rental Period: the period that begins when the rental item is delivered by the landlord or on their behalf, or when it is picked up by the tenant or on their behalf, and ends when the rental item is retrieved by the landlord or on their behalf, or when it is returned to the landlord by the tenant or on their behalf; the period may also commence or conclude through a corresponding prior declaration by the landlord or the tenant.

B II. General

1. These terms and conditions apply to all offers, order confirmations, and contracts between the Landlord and the Tenant concerning the rental of items to which the Landlord has declared these conditions to be applicable unless there are written agreements to the contrary between the parties. The Tenant's terms and conditions do not apply.

2. We are entitled to assign the claims arising from our business relationships.

Payments that we have assigned are to be made exclusively to the factoring company specified on our invoices, with discharging effect, to which we have assigned our present and future claims arising from our business relationship. We have also transferred our retention of title to the factoring company.

B III. Formation of Contracts

A contract between the parties is formed through a written order confirmation by the Landlord, through the signing of the contract by the parties, or by the Landlord commencing the actual performance of the contract.

B IV. Rental Price, Payment, Collection Costs

1. Payment of the rental price must be made immediately upon receipt of the invoice using legal tender at the Landlord's business premises or by transferring the due amount to the Landlord's bank account. If no complete payment has been made within 10 days of the invoice date, the Tenant is automatically in default. From the date the Tenant goes into default, they owe default interest on the overdue amount at a rate of 1% per month, with a partial month counted as a full month.

2. If the Tenant is in default with any payment obligations towards us, all existing claims become due immediately.

3. Payment must be made without deduction or set-off, to the extent that counterclaims are not legally established, undisputed, or acknowledged by the Landlord. In this respect, a right of retention is also excluded.

4. Payments made by the Tenant shall first be applied towards the settlement of all due interest and costs, and only then towards the settlement of the longest outstanding due invoices, even if the Tenant indicates that the payment pertains to a later invoice.

5. The Landlord is entitled to issue partial invoices.

6. The rental price is exclusive of VAT, transportation, service, and maintenance costs and otherwise corresponds to the currently applicable price list of the Landlord.

7. If the rental item is used for longer than the agreed number of hours per day or week, the Tenant must immediately inform the Landlord and shall then owe the Landlord a correspondingly higher rental price according to the currently applicable price list of the Landlord.

8. If the Tenant is in default with the fulfillment of one or more of their obligations, the Landlord is entitled to repossess the rental item at any time.

to repossess it, and all reasonable out-of-court collection costs incurred shall then be borne by the Tenant. The Tenant shall in any case owe:

above the first EUR 3,000,– 15%
above the excess amount up to EUR 6,000,– 10%
above the excess amount up to EUR 15,000,– 8%
above the excess amount up to EUR 60,000,– 5%
above the excess amount 3%

If the Landlord can prove that they have legitimately incurred higher costs, these shall also be reimbursed by the Tenant.

9. End of rental: The day on which the Tenant reports the rental items as free, and the Landlord can collect the goods again. Notifications for the same day are possible until 1:30 PM.

10. All payments shall be made with discharging effect exclusively to VR Factoring GmbH, Hauptstraße 131 – 137, 65760 Eschborn, to which we have assigned our present and future claims arising from our business relationship. We have also transferred our retention of title to VR Factoring GmbH.

11. To fulfill our factoring agreement (assignment of our claims and transfer of debtor management), we will forward the following data to the financial services institution VR Factoring:

Names and addresses of our debtors
Data of our claims against our debtors (especially gross amount and due date)
If applicable, names of contacts and contact information of our debtors (phone number, email address) at their premises for coordination of accounts receivable.

VR Factoring will disclose the company data of the debtors to credit agencies and trade credit insurers, as well as to data processors (IT data processing, printing service providers, etc.).

B V. Delivery of the Rental Item

1. Unless otherwise agreed, the Landlord delivers the rental item to the location specified by the Tenant. The Tenant is responsible for ensuring that the specified location is easily accessible via a paved road and suitable for the delivery and installation of the rental item.

2. Unless otherwise agreed in writing, an agreed delivery deadline is not considered a final deadline. In case of non-timely delivery, the Tenant must send a written reminder to the Landlord. The delivery deadline only starts after the Landlord has received all the necessary information for the fulfillment of the rental agreement.

3. Regarding the transportation of the required fuel (diesel oil), the Landlord declares that the companies responsible for transporting on behalf of the Landlord have the legally required documents and carry out the transport in accordance with the

ADR regulations. Furthermore, the Landlord declares that the transported goods are approved for transport and comply with the ADR regulations in terms of type, quality, (collective) packaging (IBC or container), and labeling.

4. If the Tenant arranges the transport of the rental item themselves, the transport is at the expense and risk of the Tenant. The Tenant releases the Landlord from any claims in this regard.

B VI. Tenant's Obligations

1. The Tenant declares that they have received the rental item in good condition and will return it to the Landlord at the end of the rental period in the same condition in which the rental item was provided to them at the beginning of the rental period.

2. The Tenant is obliged to use the rental item diligently, in accordance with its intended purpose, as a prudent tenant would. The Tenant must not overload the rental item's capacity under any circumstances.

3. Without the prior written consent of the Landlord, the Tenant is not authorized to sublet, allow third parties to use, encumber, sell, dismantle, or repair the rental item, or have it dismantled or repaired.

4. The Tenant is not authorized to transport the rental item to a location other than the agreed delivery location.

5. If third parties wish to assert any rights to the rental item or make claims against it, or if the rental item is damaged, or if circumstances arise,

that could easily lead to damage, the Tenant is obligated to promptly inform the Landlord.

6. The Tenant undertakes to use only the fuel approved by the Landlord and to be able to provide evidence of this at all times. In the event of any violations, the Landlord will invoice the costs incurred as a result.

The tenant is liable for all damages (including those caused by third parties and consequential damages) that occur to or by the rented object during the rental period.

8. If the lessee does not return the rented item in the same condition as it was provided to them at the beginning of the rental period, the lessee shall be liable for all costs incurred by the lessor as a result (such as repair and cleaning costs), without prejudice to any further claims that the lessor may have under paragraph 6 of this article.

9. If the rented item is missing, stolen, damaged, or lost, the lessee is obligated to promptly inform the lessor. The lessee is responsible for reimbursing the lessor for all damages. If the rented item is missing, stolen, or lost, the lessee owes the lessor the replacement value of the rented item.

10. Any complaints about the (manner of) fulfillment of the contractual obligations by the lessor must be communicated in writing to the lessor by the lessee within ten days after the termination of the rental agreement.

11. If the rented item was not returned to the lessor at the end of the rental period, the lessor is entitled to a corresponding increase in the rental price, and the lessee is also obligated to compensate the lessor for all damages incurred as a result.

B VII. Maintenance, Repairs

1. The costs of fuel consumption and daily maintenance of the rented item shall be borne by the lessee. The daily maintenance of rental units includes the following

Check the oil level at least once daily before starting and, if necessary, top up the oil to the top mark. Use a multi-grade oil 10W-40 of the ACEA E3, E5 type from a reputable brand, or an equivalent product for refilling. For water-cooled engines, check the coolant level in the radiator daily and, if necessary, top up the radiator to the required level with coolant.
Regularly inspect the rental unit for unusual noises, leaks, and other deviations as per the guidelines on the metal plate attached to the rental unit.

2. If the rental item cannot be used due to defects, the lessee is still obligated to pay the full rental price. This is only not the case if the defects were immediately reported to the lessor, the rental item is located within a radius of 250 km from the point of delivery of the unit, and the defects were not rectified by the lessor within 24 hours after the report; in this case, the lessee does not owe any rental price as long as the use of the rental item is not possible, counted from 24 hours after the report of the defects to the lessor. For distances exceeding 250 km

,especially when the rental item is used abroad, there may be an exchange for an equivalent unit. All costs incurred during an exchange will always be borne by the lessee.

3. Maintenance, repair, and spare part costs are the responsibility of the lessee, unless they result from material or construction defects or from normal wear and tear

or corrosion. For distances exceeding 250 km, especially when the rental item is used abroad, the above-mentioned costs are also the responsibility of the lessee.

4. The lessor is authorized to replace a rental unit with an equivalent unit during the rental period, without the lessee having any claim for contract dissolution or damages as a result. The lessee is obligated to fully cooperate with this

B VIII. Lessor's Liability

1. In the event of non-performance of its contractual obligations attributable to the lessor, the liability of the lessor, to the extent covered by its liability insurance, is limited to the insurance coverage provided by the insurance company. If the insurance company does not provide coverage or if the damage is not covered by the insurance, the liability of the lessor is limited to one and a half times the invoice amount for a rental period of 28 days.

2. The lessor shall not be liable for consequential damages, such as losses resulting from loss of profit.

3. The lessee releases the lessor from claims by third parties in connection with non-performance of its legal or contractual obligations attributable to the lessee.

4. The lessor's liability towards the lessee expires one year after the termination of the contract.

5. The liability limitations established in these terms and conditions do not apply if the damage is attributable to willful misconduct or gross negligence on the part of the lessor or its executive employees.

B IX. Contract Termination, Repossession
1. The lessor's claims against the lessee become due, among other things, immediately when:

the lessor, after the conclusion of the contract, becomes aware of circumstances under which the lessor reasonably fears that the lessee will not fulfill its obligations;
the lessee becomes bankrupt, files for a composition agreement, or insolvency proceedings (preliminary or otherwise) are initiated with respect to the lessee's assets.
the lessor has requested a security deposit from the lessee for the fulfillment of the contract, and this security deposit is not provided or is insufficient;
the lessee otherwise falls into arrears and does not fulfill its contractual obligations.

In the aforementioned cases, the lessor is entitled to terminate the contract and repossess the rental item, with the lessee being obligated to compensate for the damages incurred by the lessor, without prejudice to any additional claims that the lessor may have. The lessee is also obliged to

fully cooperate in the repossession of the rental item by the lessor. The lessee has no right of retention.

2. If one or more of the cases mentioned in Section B I. of this article should occur, the lessee is obligated to promptly inform the lessor. Furthermore, in such cases, the lessee is required to notify the insolvency administrator that the rental item is the property of the lessor.

B X. Force Majeure

1. Force majeure refers to circumstances that hinder the fulfillment of the contractual relationship and cannot be attributed to the lessor. This includes (if and to the extent that these circumstances render performance impossible or unreasonably difficult) the following, among other things: strikes at the lessor or at companies on which the lessor relies for contract performance, unforeseeable disruptions in the supply chain or from other third parties on which the lessor depends, the situation where the lessor is not provided with a service on which its own performance depends, or it is not provided in a timely or proper manner, government actions that make it impossible for the lessor to fulfill its obligations in a timely or proper manner, as well as an extremely high rate of employee illness and general transportation issues.

2. Force majeure postpones the lessor's obligations.

1. If the period during which the lessor is unable to fulfill their obligations lasts for more than three months, both parties have the right to terminate the contract without incurring any obligation for compensation.

2. If the lessor has already partially fulfilled their obligations or can only partially fulfill their obligations when force majeure occurs, they are entitled to invoice the part of their obligations that has already been fulfilled separately. The lessee is then obligated to pay the corresponding invoice as if it were a separate contract.

B XI. Jurisdiction

The place of jurisdiction is the lessor's place of business or Frankfurt am Main. The lessor may also choose to file a lawsuit against the lessee at their location.

B XII. Applicable Law

B XIII. BINDINGNESS

The contract and these terms shall remain binding even if individual provisions are legally ineffective. Ineffective provisions shall be replaced by effective ones that come closest to the expressed intention of the parties, to the extent that they are reasonable for both contracting parties.

Part C: Online Shop

1. Scope of Application

For all orders placed through our online shop by consumers and entrepreneurs, the following terms and conditions apply. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity. An entrepreneur is a natural or legal person or a legally capable partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity. In relation to entrepreneurs, the following applies: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby objected to; they shall only become part of the contract if we have expressly agreed to them.

2. Contracting Parties, Conclusion of Contract, Correction Options

The purchase contract is concluded with HO-MA Emergency Power GmbH.

By listing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially add our products to your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded when you accept the offer by clicking the order button for the goods contained in the shopping cart. Immediately after submitting the order, you will receive a confirmation by email.

3. Contract Language, Storage of Contract Text

The language(s) available for concluding the contract: German

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the internet.

4. Shipping Costs

We offer free shipping within Germany.

5. Payment

In our shop, you have the following payment options available:

Advance Payment

When choosing the payment method 'Advance Payment,' we will provide you with our bank details in the order confirmation, and we will deliver the goods upon receipt of payment.

PayPal

In collaboration with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment through PayPal Plus does not require registration with PayPal. Further information is available for each payment option and during the ordering process.

PayPal, PayPal Express

To pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login credentials, and confirm the payment instruction.

The payment transaction is carried out by PayPal immediately after the order has been placed.

PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. We have no influence over the provision of these methods; further individually offered payment methods pertain to your legal relationship with PayPal. More information on this can be found in your PayPal account.

Credit card through PayPal

Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal

Payment by direct debit via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit authorization. You will be informed by PayPal about the date of the bank debit (pre-notification). The bank debit occurs after the goods have been shipped.

Purchase on invoice via PayPal

Purchasing on invoice via PayPal requires an address and credit check and is processed directly by PayPal.

Purchase on invoice through PayPal and Ratepay

Purchase on invoice through PayPal requires an address and credit check and is processed directly by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ("Ratepay"). In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), we offer you the following payment options as PayPal services. Unless otherwise specified below, payment through PayPal Plus does not require registration with PayPal. Further information is available for each payment option and during the ordering process.

PayPal, PayPal Express

To pay the invoice amount using the PayPal payment option, you must be registered with PayPal, authenticate yourself with your login credentials, and confirm the payment instruction.

The payment transaction is carried out by PayPal immediately after the order has been placed.

Credit card via PayPal Your card will be charged by PayPal after the goods have been shipped.

Direct debit via PayPal Payment by direct debit via PayPal requires an address and credit check and is processed directly by PayPal. By confirming the payment instruction, you grant PayPal a direct debit authorization. You will be informed by PayPal about the date of the bank debit (so-called prenotification). The bank debit occurs after the goods have been shipped.

Purchase on invoice via PayPal Purchasing on invoice through PayPal requires an address and credit check and is processed directly by PayPal.

Purchase on invoice via PayPal and Ratepay Purchasing on invoice through PayPal requires an address and credit check and is processed directly by Ratepay GmbH, Franklinstraße 28-29, 10587 Berlin ('Ratepay').

6. Right of Withdrawal

Consumers have the statutory right of withdrawal as described in the cancellation policy. Entrepreneurs are not granted a voluntary right of withdrawal.

7. Self-Pickup

We only deliver via shipping. Self-pickup of the goods is not possible, unfortunately.

8. Automated Postal Service Center

We only deliver via shipping. Self-pickup of the goods is not possible, unfortunately.

9. Retention of Title

The goods remain our property until full payment is received. For business customers, the following also applies: We reserve the right to retain ownership of the goods until all outstanding payments from an ongoing business relationship are settled. You are permitted to resell the goods subject to retention of title in the ordinary course of business. All claims arising from such resale, regardless of whether the reserved goods are connected or mixed with other items, are hereby assigned to us in advance up to the amount of the invoice, and we accept this assignment. You retain the right to collect these claims, but we may also collect the claims.

We are also entitled to collect the claims ourselves if you fail to meet your payment obligations. Upon your request, we will release the security interests to the extent that the realizable value of the securities exceeds the value of the outstanding claims by more than 10%.

For consumers: If goods are delivered with obvious transport damage, please complain about such defects to the delivery company as soon as possible and please contact us immediately. The failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or the transport insurance.

For entrepreneurs: The risk of accidental loss and deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier, or any other person or institution designated to carry out the shipment.

10. Transportation Damage

If goods are delivered with obvious transport damage, please report such faults to the carrier as soon as possible and contact us immediately. Failing to make a complaint or contact us will have no consequences for your statutory claims and their enforcement, especially your warranty rights. However, you help us to assert our own claims against the carrier or transport insurance.

11. Warranty and Guarantees

Unless expressly agreed otherwise below, the statutory warranty rights shall apply.

The following limitations and shortening of deadlines do not apply to claims arising from damages caused by us, our legal representatives, or agents in the event of injury to life, body, or health, intentional or grossly negligent breach of duty, deceit, violation of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations), within the scope of a guarantee promise, if agreed, or if the Product Liability Act applies. Limitations for Business Customers For business customers, our product information and the manufacturer's product descriptions, which have been included in the contract, are considered as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. For business customers, the limitation period for warranty claims on newly manufactured items is one year from the passing of risk.

The statutory limitation periods for the right to recourse under § 445a of the German Civil Code (BGB) remain unaffected. Provisions for Merchants Within the scope of merchant transactions, the regulations specified in § 377 of the German Commercial Code (HGB) concerning examination and notification obligations apply. If you fail to make the notification as specified there, the goods are considered approved, except if it is a defect that was not discernible during the examination. This does not apply if we have maliciously concealed a defect.

12. Liability

We shall always be liable without limitation for claims arising from damages caused by us, our legal representatives, or agents in the event of harm to life, body, or health, for intentional or grossly negligent breach of duty, for warranty commitments, if agreed upon, or where the scope of the Product Liability Act applies. In cases of slight negligence on our part, our legal representatives, or agents, resulting from a breach of essential contractual obligations that are crucial for the proper execution of the contract and which the contracting party may regularly rely on (cardinal obligations), our liability is limited to the foreseeable damage that typically occurs at the time of the contract's conclusion. In all other cases, claims for damages are excluded.

13. Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here.

We are not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

14. Contract Text Storage

We store the contract text and send you the order details and our terms and conditions by email. You can also access our terms and conditions at any time on this page. Your past orders can be found under 'My Account.'

15. Language of the Contract

The language available for the conclusion of the contract is German.

16. Final Provisions

If you are a business owner, German law applies, excluding the UN Sales Convention.

If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special public fund, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.