General Terms and Conditions of elexon GmbH for the Use of Charging Stations
§ 1 Conclusion of the Framework Agreement
The agreement for the supply of charging electricity at the Charging Station between elexon GmbH (hereinafter referred to as the “Supplier”) and the “Customer” specified in greater detail on the cover sheet shall come into effect upon signature by both parties on the cover sheet (hereinafter referred to as the “Agreement”).
The Supplier and the Customer shall each be referred to individually as a “Party” and collectively as the “Parties”.
§ 2 Subject Matter of the Agreement
2.1 The Supplier has equipped various parking spaces in and/or at the property specified in greater detail on the cover sheet with infrastructure for charging electrically powered vehicles. Every two parking spaces are equipped with a shared charging station (each individually or collectively referred to as the “Charging Station”), with two charging points per charging station. The Customer is entitled to use the number of parking spaces specified on the cover sheet pursuant to a separate agreement. A separate electricity meter compliant with applicable metering and calibration laws is installed for each charging point.
2.2 This Agreement governs the rights and obligations of the Parties in connection with the use of the Charging Station as well as the billing arrangements for the charging electricity consumed.
§ 3 Supply of Electricity
3.1 The Supplier shall supply electricity to the Customer at the Charging Station. The Charging Station has a total charging capacity of 22 kW and a charging capacity of 11 kW per charging point. The actual charging capacity depends on the state of charge of the connected vehicles and on whether and to what extent other electrically powered vehicles on the premises are simultaneously drawing charging power.
3.2 The availability of charging services at the Charging Station is subject to the availability of the Charging Station itself, which may be restricted or temporarily unavailable due to, for example, operational malfunctions. Availability is also subject to the availability of electrical power, which may be restricted or unavailable due to interruptions or irregularities in the electricity supply to the Charging Station caused by or resulting from disruptions in grid operation or metering point operation.
3.3 The Charging Station is supplied with green electricity from the public electricity grid.
§ 4 Supplier Obligations
4.1 The Supplier shall provide the Customer with the number of charging cards specified on the cover sheet for use of the Charging Station. An initialization fee of EUR 15.00 shall be charged for each issued charging card and included in the next invoice. Charging cards are used to authorize charging sessions at the Charging Station. The Customer is entitled to pass the charging card on to third parties (e.g. employees) (“Users”) for use.
4.2 The Customer may request additional charging cards from the Supplier at any time.
4.3 The Customer shall inform the Supplier without undue delay of the loss or damage of charging cards registered to the Customer. Upon becoming aware of such loss, the Supplier shall promptly block the lost charging cards from further use. The Customer shall bear all costs incurred through the use of the charging cards until the loss has been reported to the Supplier.
4.4 In the event replacement charging cards are required due to loss or damage, or additional charging cards are requested by the Customer, the Supplier shall provide such cards upon receipt of the order against payment of a fee of EUR 15.00 by the Customer. The same shall apply if charging cards are not returned upon termination of the Agreement.
4.5 The Supplier shall be responsible for maintaining the Charging Station in accordance with applicable legal requirements and generally accepted rules of technology. Planned maintenance work shall, where possible, be announced by the Supplier in advance and in a timely manner (e.g. by means of a notice). However, the Supplier reserves the right to carry out maintenance work without prior notice if necessary. During maintenance, charging sessions may not be possible. The Supplier shall keep downtime to a minimum wherever possible. The costs of repair and maintenance are included in the remuneration.
§ 5 Customer Obligations
5.1 The Customer shall perform all actions required on the user side for the execution of this Agreement. In particular, the Customer shall be obliged to:
- properly connect the electric vehicle to the Charging Station and use only accessories (e.g. charging cables) that comply with applicable legal requirements;
- notify the Supplier immediately (and no later than the next business day) upon becoming aware of any defects or malfunctions of the Charging Station.
5.2 The Customer shall comply with all applicable regulations and instructions regarding the operation of the Charging Station and shall in particular read and observe any operating and safety instructions made available by the Supplier for inspection.
5.3 The Customer shall treat the Charging Station and any provided accessories with due care.
5.4 Prior to using the Charging Station, the Customer shall inspect it for any visible damage. A Charging Station showing visible signs of damage must not be used.
5.5 The Customer shall ensure that Users utilizing charging cards issued to the Customer comply with the same obligations as the Customer. The Customer shall be liable for any damage caused by such Users as if caused by the Customer itself.
§ 6 Fees and Billing
6.1 The Customer shall pay a consumption-based fee for the use of charging services. The amount of the fee is specified on the cover sheet. The Customer shall be responsible for all charging sessions activated using charging cards issued to the Customer.
6.2 Charging services shall be invoiced monthly. Invoices shall be sent exclusively by email to the email address specified on the cover sheet. Together with the invoice, the Supplier shall provide the Customer with a CSV file containing a detailed overview of individual charging sessions, including card number, date and time.
6.3 Invoices shall become due and payable fourteen (14) days after receipt. All due payments shall be collected by the Supplier via SEPA direct debit from the account of the account holder specified on the cover sheet.
6.4 In the event of late payment, the Supplier reserves the right to block the Customer’s charging cards and to charge a fee of EUR 15.00 for reactivation.
§ 7 Supplier Liability
7.1 Each Party shall have unlimited liability:
7.1.1 for any damage caused intentionally or through gross negligence by such Party, its legal representatives, vicarious agents, or other third parties engaged by it;
7.1.2 for any intentional or negligent injury to life, body, or health; and
7.1.3 for claims under the German Product Liability Act (Produkthaftungsgesetz) or where a Party has fraudulently concealed a defect or expressly guaranteed the quality of an item.
7.2 In all other cases, the Parties shall only be liable for negligent breaches of material contractual obligations. Such liability shall be limited to damages typically foreseeable at the time the Agreement was concluded. Material contractual obligations are obligations whose fulfillment is essential for the proper performance of the Agreement and on whose fulfillment the other Party regularly relies and may reasonably rely.
7.3 The above liability provisions shall also apply to the personal liability of the Parties’ employees, workers, staff members, representatives and vicarious agents. The above liability provisions shall furthermore apply to claims for reimbursement of expenses.
7.4 To the extent that the Supplier is liable for claims arising from damages caused by interruptions or irregularities in the electricity supply resulting from disruptions in grid operation, including the grid connection, provided that the grid operator is deemed a vicarious agent of the Supplier, the liability provisions of Section 18(2) of the German Low Voltage Connection Ordinance (NAV) shall apply accordingly. In such case, liability for financial losses caused by ordinary negligence shall also be excluded in accordance with Section 18(1), sentence 2, NAV.
§ 8 Term
8.1 The term of this Agreement shall commence upon signature by both Parties on the cover sheet and shall expire on December 31st of the year in which this Agreement enters into force. The Agreement shall automatically renew for successive one-year periods unless terminated with four weeks’ notice effective at the end of a calendar year.
8.2 This Agreement shall automatically terminate if the Customer is no longer entitled to use any of the parking spaces specified on the cover sheet.
8.3 The statutory rights of either Party to terminate the Agreement for cause shall remain unaffected.
8.4 Any termination of this Agreement must be made in writing.
8.5 Upon termination of this Agreement, all charging cards must be returned.
§ 9 Final Provisions
9.1 No ancillary agreements have been made.
9.2 Should any provision of this Agreement be invalid or unenforceable, it shall be replaced by a new provision that most closely reflects the economic intent of the invalid provision. The validity of the remainder of the Agreement shall not be affected thereby.
9.3 This Agreement shall be governed by the laws of the Federal Republic of Germany.