Terms of Service (General Terms and Conditions)

Last updated: May 2026

1. Scope — Business Customers Only

These General Terms and Conditions ("Terms") govern all orders placed through shop.danenergy.com, operated by Dan-Tech Energy GmbH.

These Terms apply exclusively to legal entities, partnerships, and natural persons acting in the exercise of their commercial or independent professional activity (Unternehmer within the meaning of § 14 BGB, German Civil Code).

A "consumer" (Verbraucher) is defined under § 13 BGB as a natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. This platform is not open to consumers and consumer purchases are not permitted.

By placing an order, you confirm that you are acting as a business customer (Unternehmer) and that the purchase is made for commercial or professional purposes. We reserve the right to cancel orders and close accounts where this requirement is not met.

2. Contractual Party

Seller:

Dan-Tech-Energy GmbH
Max-Planck-Straße 7, 12489 Berlin, Germany
Commercial Register: HRB 134416 B, Amtsgericht Charlottenburg
VAT ID: DE277359278
Managing Director: Zadok Dror
Email: info@danenergy.com
Website: www.danenergy.com

3. Offer and Contract Formation

Product listings on our store constitute an invitation to treat (invitatio ad offerendum), not a binding offer. A binding contract is formed when we accept your order by sending an order confirmation, or by dispatching the goods, whichever occurs first. We reserve the right to refuse or cancel any order, including for reasons of export control restrictions (see Section 13) or credit assessment.

4. Prices and VAT

All prices shown on shop.danenergy.com are exclusive of VAT (net prices, Nettopreise), unless explicitly stated otherwise. Applicable VAT will be shown at checkout. Prices are quoted in EUR and are subject to change; the price confirmed in your order confirmation is binding for that order.

5. Payment Terms

Payment is due within fourteen (14) days of invoice date, unless otherwise agreed in writing. In the event of late payment, we reserve the right to:

• Charge default interest at the statutory B2B rate under § 288(2) BGB (9 percentage points above the ECB base rate);
• Suspend further deliveries until all outstanding amounts are settled;
• Withdraw from pending orders after written notice and a reasonable cure period.

We accept payment by bank transfer, credit card, and other payment methods available at checkout. Approved customers may be offered a credit account with extended payment terms by separate written agreement.

6. Electronic Invoicing (ZUGFeRD / XRechnung)

In accordance with German B2B e-invoicing requirements effective from January 2025, we issue electronic invoices in ZUGFeRD or XRechnung format upon request, and are progressively moving to structured electronic invoicing for all German business customers. If your ERP or accounting system requires a specific structured invoice format, notify us at the time of your order or through your account settings.

7. Delivery and Transfer of Risk

Goods are delivered to the address specified in your order. Risk of loss or damage transfers to you upon handover of the goods to the freight carrier (ex works / FCA basis), unless otherwise expressly agreed in writing.

Delivery timelines stated on the product pages are estimates only and are not contractually binding unless explicitly confirmed as binding in writing. We are not liable for delivery delays caused by carriers, customs authorities, or other circumstances outside our reasonable control.

Partial deliveries are permitted and may be invoiced separately, provided they do not materially impair your use of the remaining goods.

8. Inspection and Notification of Defects (§ 377 HGB)

As a business customer, you are required by § 377 HGB (German Commercial Code) to inspect delivered goods immediately upon receipt and to notify us of any defects without undue delay. The following deadlines apply:

• Visible defects: Written notification required within five (5) business days of delivery;
• Hidden defects: Written notification required within five (5) business days of discovery.

If you fail to give timely written notice, the goods are deemed accepted and all warranty and defect claims arising from the unreported defect are forfeited. Notifications must be sent to info@danenergy.com with the order number and photographic documentation of the defect.

9. Retention of Title (Erweiterter Eigentumsvorbehalt)

Title to all delivered goods remains with Dan-Tech Energy GmbH until full payment of the purchase price and all ancillary charges has been received in cleared funds.

Extended retention: If goods delivered under retention of title are processed, transformed, combined, or mixed with other items before full payment, Dan-Tech acquires co-ownership of the resulting product in proportion to the invoice value of the supplied goods at the time of processing or combination.

Assignment of resale claims: You hereby assign to Dan-Tech, by way of security, all present and future receivables arising from the resale of goods subject to retention of title (including co-owned goods), up to the amount of the outstanding invoice value. You are authorized to collect these receivables in the ordinary course of business, provided you are not in default and insolvency proceedings have not been opened against your assets. Dan-Tech may revoke this collection authority if you are in material default.

Obligation to preserve and notify: You must store goods subject to retention of title in a manner that identifies them as Dan-Tech property and maintains their condition. You must maintain adequate insurance for these goods against loss, theft, and damage. You must notify Dan-Tech immediately in writing if third parties (including enforcement authorities or insolvency administrators) seize or otherwise seek to access the goods. You bear all costs incurred by Dan-Tech in protecting its ownership rights against third-party access.

10. Warranty (Gewährleistung)

The warranty period for B2B transactions is twelve (12) months from the date of delivery, pursuant to §§ 434 et seq. BGB as applicable to commercial transactions between businesses.

Warranty claims are excluded for defects caused by: improper installation or operation outside product specifications, unauthorized modifications, failure to follow specified storage conditions, physical damage, normal wear and tear, or use of incompatible equipment. See our Returns and Warranty Policy at shop.danenergy.com/policies/refund-policy for the full procedure and exclusions.

Our preferred remedy under warranty is repair or replacement at our election. Reduction of the purchase price (Minderung) or rescission of contract (Rücktritt) are available only if both repair and replacement have failed, been refused, or are disproportionate.

11. Limitation of Liability

Our liability is unlimited for:

• Damage caused by our intent (Vorsatz) or gross negligence (grobe Fahrlässigkeit);
• Injury to life, body, or health;
• Liability under the German Product Liability Act (ProdHaftG) — see Section 12;
• Fraudulent concealment of a defect;
• Guarantee or warranty of quality (Beschaffenheitsgarantie) explicitly given in writing.

For damage caused by slight negligence (einfache Fahrlässigkeit), we are liable only where we have breached a material contractual obligation (Kardinalpflicht) — one whose performance is essential to achieving the purpose of the contract and on which you may reasonably rely. In such cases, our liability is limited to the foreseeable, typical damage at the time of contract formation.

We are not liable for indirect damage, loss of profit, loss of production, or other consequential losses in cases of slight negligence.

12. Product Liability (ProdHaftG — Mandatory)

Nothing in these Terms modifies, limits, or excludes Dan-Tech's liability under the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) for personal injury or property damage caused by defective products. This liability is imposed by mandatory statute and cannot be excluded or altered by contractual agreement between the parties.

13. Export Control and Trade Compliance

Dan-Tech products, including lithium battery systems and related components, may be subject to export control and trade regulations, including:

• EU Dual-Use Regulation (EU) 2021/821;
• German Foreign Trade and Payments Act (AWG) and its implementing ordinance (AWV);
• EU and UN trade sanctions and embargoes;
• US Export Administration Regulations (EAR) where applicable.

By placing an order, you confirm that:

• You will not resell, export, re-export, or transfer any products to any country, entity, or person subject to applicable trade sanctions or export restrictions without first obtaining all required licenses or authorizations;
• You will comply with all applicable export control laws and regulations in your jurisdiction;
• You will provide Dan-Tech with an End-User Certificate or End-Use Declaration upon request;
• You will notify Dan-Tech immediately if you become aware of any intended use that may require an export license.

We reserve the right to refuse orders or withhold shipments where we have reasonable grounds to believe that applicable export control requirements may be violated. You indemnify Dan-Tech against any liability, fines, or penalties arising from your breach of this section.

14. Dangerous Goods (UN 3480 / ADR)

Lithium battery products are classified as dangerous goods under UN 3480 (lithium-ion batteries). All outbound shipments are made in compliance with applicable dangerous goods transport regulations, including ADR (road), IATA DGR (air), and IMDG (sea).

As the buyer, you are responsible for ensuring that any onward transport, storage, installation, or resale of products complies with all applicable dangerous goods and battery safety regulations in the relevant jurisdiction. You must not cause or permit transport of these products in violation of applicable dangerous goods laws.

15. EU Battery Regulation (2023/1542)

Dan-Tech Energy GmbH complies with its producer obligations under EU Battery Regulation 2023/1542, including requirements regarding battery labeling, declaration of conformity, and participation in a waste battery take-back scheme.

As a business customer purchasing battery products for resale or installation within the EU, you may also be subject to obligations under the Battery Regulation and implementing national laws. You are responsible for your own compliance as a distributor or user, including registration with applicable producer responsibility organizations and end-of-life battery management.

16. Force Majeure

Neither party shall be liable for failure or delay in performing its obligations where such failure is caused by circumstances beyond that party's reasonable control, including but not limited to: acts of God, war, terrorism, pandemic, government restrictions, port strikes, logistics disruptions, energy supply failures, or failure of third-party infrastructure.

The affected party must:

1. Notify the other party in writing within five (5) business days of becoming aware of the force majeure event, describing the nature of the event, its expected duration, and which obligations are affected;
2. Take all commercially reasonable steps to mitigate the impact and resume performance as soon as practicable;
3. Provide regular updates on the expected resolution timeline.

If the force majeure event continues for more than sixty (60) consecutive days, either party may terminate the affected order by written notice without liability to the other, subject to payment for goods already delivered and accepted.

17. Intellectual Property

All product documentation, technical datasheets, software, firmware, and brand materials supplied by Dan-Tech remain the intellectual property of Dan-Tech Energy GmbH or its licensors. No license to use any intellectual property rights is granted beyond what is necessary for the ordinary use of the purchased product.

18. Governing Law and Jurisdiction

These Terms and all contracts formed under them are governed exclusively by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and German private international law conflict-of-law rules.

The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms and any orders placed under them is Berlin, Germany, to the extent permitted by applicable law. We also reserve the right to bring proceedings against you in the courts of your place of business.

19. Severability

If any provision of these Terms is found to be invalid or unenforceable by a competent court, the remaining provisions continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the commercial intent of the original.

20. Entire Agreement and Amendments

These Terms, together with any written order confirmation, constitute the entire agreement between the parties in relation to each order, and supersede all prior representations, negotiations, or agreements. Any deviating, conflicting, or supplementary terms of the buyer are rejected and shall not form part of the contract unless we have expressly agreed to them in writing.

We reserve the right to amend these Terms at any time. The version applicable to any order is the version in effect at the time the order is placed. The current version is always available at shop.danenergy.com/policies/terms-of-service.

21. Online Dispute Resolution (ODR)

The European Commission provides an online dispute resolution platform at ec.europa.eu/consumers/odr. As our platform operates exclusively in a B2B context, we are generally not subject to consumer ADR obligations. For any commercial disputes, we prefer direct resolution by negotiation. Contact us at info@danenergy.com.