General Terms and Conditions

1. Object and Scope of Application

These General Contracting Conditions (hereinafter, the “GCC”) regulate, in a general and supplementary manner, the offers, budgets, and services provided by ETECNIC Movilidad Eléctrica, S.L. (hereinafter, “ETECNIC”), and shall apply to all contractual relationships that ETECNIC formalizes with private clients, public entities, partners, collaborators, or other third parties.

The GCC shall apply to all products and services marketed by ETECNIC, including, but not limited to, software services, associated services, commissioning, maintenance, operation, management, and services linked to charging infrastructures, except for matters expressly regulated in a specific manner within the accepted commercial offer, the service conditions or data sheets incorporated therein, or the contract that, where applicable, is formalized between the parties.

In the case of clients belonging to the public sector, these GCC shall be strictly supplementary, applying only to matters that do not contradict the provisions of the tender specifications, applicable regulations, or the corresponding administrative contract.

2. Validity of the Offer and Scope

Offers issued by ETECNIC shall be valid for two (2) months from their date of issue, unless another period is expressly indicated.

The offer only includes the concepts, services, or products explicitly described therein. Any provision not explicitly included shall be excluded and must be the subject of an additional offer or agreement.

3. Prices, Payments, Taxes, and Revision

Prices indicated in the offers are expressed in euros (€) and do not include applicable taxes, fees, or duties, which will be charged in accordance with current regulations.

Payments must be made in euros (€) for the full invoiced amount, without deductions, offsets, withholdings, or charges.

Unless expressly stated otherwise, the prices reflected in the offer are based on the information provided by the client and the technical, economic, and market conditions existing at the time of issuance.

ETECNIC reserves the right to review or adjust the offered prices when substantial modifications occur in the scope of work, significant variations in the technical conditions of the project, or unforeseen cost increases not attributable to ETECNIC, following prior communication to the client and, where appropriate, acceptance by the latter.

4. Payment Terms

The applicable economic and invoicing conditions shall be those indicated in the accepted commercial offer or, where applicable, in the specific contract or particular conditions of the contracted service.

In general, the maturity of invoices shall be thirty (30) days from the date of issue, unless expressly agreed otherwise. Failure to meet payment deadlines shall entitle ETECNIC to temporarily or definitively suspend the provision of services, without this generating any right to compensation for the client, and without prejudice to any legal actions that may apply, including the accrual of late payment interest in accordance with current legislation.

5. Supply Conditions

The supply of equipment, devices, or materials by ETECNIC Movilidad Eléctrica, S.L. shall be carried out in accordance with the specifications, configuration, and logistical conditions indicated in the accepted commercial offer and, where applicable, in the contract formalized between the parties.

Unless expressly stated otherwise, the supply shall be understood as carried out under EX WORKS conditions (current Incoterms®), from the logistical facilities of ETECNIC or its manufacturers or suppliers.

Any delivery periods indicated shall be estimated and may be affected by manufacturer availability, logistical incidents, or causes beyond ETECNIC‘s control, without generating a right to compensation.

The warranty conditions for the supplied equipment shall be those established by the manufacturer and will be detailed in the corresponding warranty policy or in the documentation provided with the offer.

Unless expressly agreed otherwise, the supply of equipment may be conditional upon prior payment, in full or in part, of the corresponding amount, as indicated in the accepted commercial offer.

6. Works and Installations

When the accepted commercial offer includes civil works and/or electrical installation, such works shall be executed in accordance with the scope, conditions, and limitations defined in the offer itself and in the technical sheets or specific documents that, where applicable, are incorporated into it.

7. Client Obligations

The client undertakes to provide all necessary information, documentation, access, and collaboration in a truthful, complete, and timely manner for the correct execution of the contracted services.

ETECNIC shall not be held responsible for delays, cost overruns, or breaches resulting from the client’s failure to comply with these obligations.

8. Subcontracting

ETECNIC may subcontract the execution of the services in whole or in part, maintaining in all cases responsibility toward the client under the agreed terms.

9. Confidentiality

The parties undertake to treat as confidential all technical, commercial, economic, or strategic information to which they have access by reason of the contractual relationship, whether in written, verbal, or electronic format.

The confidentiality obligation shall remain in force during the contractual relationship and for an additional period of two (2) years after its termination, without prejudice to information that, by its nature, must remain confidential indefinitely.

10. Liability

ETECNIC‘s liability shall be limited, in all cases, to the amount actually invoiced for the specific service that gave rise to the claim.

ETECNIC shall not be liable for indirect damages, loss of profits (lucrum cessans), loss of benefits, business interruption, or other consequential damages.

11. Documentary Priority

In case of contradiction between documents, the order of prevalence shall be as follows:

1. The contract formalized between the parties, where applicable.

2. The accepted offer and the general conditions contained therein.

3. These General Conditions.

12. Applicable Legislation and Jurisdiction

These General Conditions shall be governed by and interpreted in accordance with Spanish legislation.

For any litigious issues that may arise from the interpretation or execution of the contractual relationship, the parties submit to the Courts and Tribunals of the city of Reus, expressly waiving any other jurisdiction that may correspond to them.