General Terms and Conditions
for services under the „Voltera“ brand“
The Motics AG, [Seat], Switzerland
Legal entity and scope of application
1.1 „Voltera“ is a brand of Motics AG, a stock corporation under Swiss law with its registered office in Schwyz, Switzerland (hereinafter „motics ag“).
1.2 All products and services offered under the „Voltera“ brand are exclusively provided by motics ag. motics ag will in every case exclusively be the contractual partner.
1.3 These General Terms and Conditions („GTC“) govern all legal relationships between motics ag and its customers (hereinafter referred to as „Customer“) in connection with the use of the website www.voltera.ch, all offers, simulations, consulting services, project developments, deliveries, service or contracting models, and other services.
1.4 Deviating terms and conditions of the customer shall not apply unless motics ag has expressly acknowledged their validity in writing.
2. Non-binding nature of all information and offers
2.1 All information on the website, in presentations, technical documentation, simulations, preliminary offers, price lists, emails, or other communications is non-binding and subject to change.
2.2 In particular, product descriptions, economic feasibility studies, yield forecasts, price quotations, or project proposals do not constitute binding offers within the meaning of Art. 3 et seq. of the Swiss Code of Obligations.
2.3 All offers are expressly without obligation. motics ag is entitled to change or withdraw offers, in whole or in part, at any time and without stating reasons, as long as no legally binding contract has been concluded in accordance with Clause 3.
2.4 No claim to the conclusion of a contract arises from pre-contractual discussions, technical clarifications, project analyses, or the submission of offers.
3. Formation of the contract
3.1 A contract is concluded exclusively by:
- a written agreement validly signed by either party, or
- an express written order confirmation from motics ag.
Automated confirmations of receipt, appointment scheduling, project meetings, sending of draft contracts, or technical checks do not create a legally binding agreement.
3.3 die motics ag is free to accept orders and is not obligated to enter into a contractual relationship.
4. scope of services and changes to services
4.1 The scope of services shall be exclusively determined by the written contract concluded.
4.2 Die motics ag is entitled to adapt technical specifications, components, suppliers, system architectures, or project structures, provided that this is necessary for factual reasons – in particular for technical, regulatory, economic, or supply chain-related reasons.
Changes in legal, regulatory, or market conditions do not entitle the customer to damages.
5. Simulations, Forecasts, and Feasibility Studies
5.1 Simulations, yield forecasts, profitability analyses, and other calculations are based on assumptions and model calculations.
5.2 Die motics ag assumes no warranty for the accuracy, completeness, or future feasibility of such calculations.
5.3 In particular, no warranty or assurance is given with regard to yields, returns, savings, amortization periods, market price development, subsidies, grid tariffs, regulatory approvals, or availability of energy or control energy markets.
5.4 All business decisions are made at the customer's own risk.
6. Liability
6.1 To the extent permitted by law, motics ag shall only be liable for damages that can be proven to have resulted from intentional or grossly negligent conduct.
6.2 Liability for slight negligence is excluded to the extent permitted by law.
6.3 In any event, liability shall be limited in amount to the contract value effectively paid by the customer.
6.4 Liability for indirect damages, consequential damages, loss of profit, production downtime, market price fluctuations, regulatory changes, data loss, or third-party claims is excluded.
7. motics ag's right of withdrawal
7.1 Die motics ag is entitled to withdraw from the contract, even after the conclusion of the contract, provided that:
- regulatory permits are not granted,
- regulatory or legal changes occur,
- essential economic or technical conditions change,
- Supply bottlenecks or force majeure significantly impair contract fulfillment.
7.2 Claims for damages by the customer are excluded – to the extent permitted by law.
8. Force Majeure
Motics AG shall not be liable for delays or non-performance resulting from events beyond its control, particularly in cases of natural events, political decisions, regulatory interventions, energy crises, supply chain disruptions, or network restrictions.
Reservation of title
Delivered products remain the property of motics ag until full payment.
10. Applicable Law and Jurisdiction
10.1 Swiss substantive law shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.2 The exclusive place of jurisdiction is, as far as legally permissible, the registered office of motics ag.