Commercial terms and contidions

These Commercial Terms and Conditions are presented by siliXcon s.r.o., a company registered under ID No. 06185657, and having its principal place of business located at Biskupice 69, 763 41 Biskupice, in accordance with the provisions of Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended:



 1. Introduction and Contractual Scope

These Commercial Terms and Conditions (referred to as the “Terms”) govern the contractual relationships related to the delivery of products and goods (hereinafter referred to as the “Goods”). These relationships are established within the framework of contracts, whether they be Contracts for Services or purchase contracts (collectively referred to as the “Contract”). The Contract is entered into between siliXcon s.r.o., identified by ID No.: 06185657, with its registered office at Biskupice 69, 763 41 Biskupice, and registered at the Regional Court in Brno under file No. C 100562, acting as the contractor of services or seller of Goods (referred to as the “Contractor”), and the other contracting party, acting as the Customer, who places orders for services or purchases Goods. Please note that the Customer in this context is not a consumer. 

These Terms automatically become an integral part of any Contract, unless expressly agreed otherwise in writing between the parties.

2. Application to Specific Contracts

Any specific provisions outlined in an individual Contract shall take precedence over these Terms and apply to the particular business scenarios between the Contractor and the Customer. In the event that a Contract has a general nature and references these Terms to establish conditions or certain contractual limitations for partial contracts formed under it, both the Contractor and the Customer shall acknowledge these Terms as an inseparable component of each partial contract derived from the general Contract. In the event of any ambiguity or conflict in the Contract these Terms shall prevail.



1. Pricing Information and Contract Proposal

The prices listed in the Contractor’s catalogues, promotional materials, and any oral or online communications regarding Goods are for informational purposes only and are not binding. They do not constitute a formal proposal for entering into a purchase contract.

2. Price Modification and Data Accuracy

The Contractor reserves the right to modify the Goods’ offerings and their prices without prior written notice. The Contractor shall not be held responsible for any inaccuracies in the catalogue, internet listings, press releases, or promotional materials.

3. Contractual Pricing

Prices specified in offers presented by the Contractor are considered as contractual prices. These prices are valid for 30 working days from the date of issuance, unless otherwise stated in the offer. Offers are regarded as proposals for contract initiation only if they explicitly state so and meet the conditions outlined in Art. II. (5) and subsequent sections of these Terms.

4. Price Components

The price of Goods is subject to the legally mandated Value Added Tax (VAT). Costs related to packing, transportation or insurance are not included unless specified otherwise. In the absence of a specific transportation price within the Contract, it is assumed that no such agreement has been made. Transportation fees are assessed independently based on the postal or transport service tariffs, unless otherwise specified.

5. Contract Conclusion Methods

A contract may be formed under the following conditions:

A. Customer’s Order and Contractor’s Acceptance

a) The Customer may place an order for Goods through one of the following means:

– Via email to or 

– Through the online form at 

The Customer must provide a valid email address in the Order for the acceptance notification.

b) The Contractor explicitly accepts the order from the Customer in a manner consistent with these Terms.. 

B. Contractor’s Offer and Customer’s Acceptance

a) The Contractor may present an Offer for Goods to the Customer through one of the following means:

– By email to the Customer’s address

b) The Customer accepts the Contractor’s Offer in a binding manner, adhering to these Terms. 

6. Customer Acknowledgment

By submitting the Order or accepting the Offer, the Customer confirms that he accepts the Terms, and commits to complying with them.

7. Contract Formation

The Contract is considered formed when the Contractor delivers the Order acceptance, or when the Customer, in the same format, accepts the Offer via email or in writing. Alongside the acceptance, the Customer must also confirm the precise specifications, type, quantity of ordered Goods, the total price, and the expected delivery date, whether for collection at the Contractor’s facility or through a designated hauler if transportation was agreed upon. The Contractor’s lack of action does not constitute acceptance of the Order, and likewise, the Customer’s inaction does not imply acceptance of the Offer. If the Contractor accepts the Order with additional terms and changes, the Customer must express their disapproval of these changes within 14 days of receiving the Contractor’s proposed changes via email to or Failure to do so will result in the changes being considered approved, and the Contract will be deemed concluded, especially if an invoice is included and not returned. Similarly, if the Customer accepts the Offer with additional terms and changes, the Contractor must provide written approval of these changes within 14 days of receiving the Customer’s proposed changes. Failure to do so will mean the changes are not approved, and the Contract remains unaltered. Any reservations expressed by the Customer or the Contractor regarding changes to the Order or Offer serve as a basis for further negotiations regarding the Contract’s terms.

8. Order and Offer Changes

Prior to the Contractor confirming the Customer’s Order or the Customer accepting the Offer, the Customer may request in writing changes to or the cancellation of the Order or Offer, sent to or The Contractor will only accept such requests if a tax document (invoice) has not yet been issued for the originally ordered or offered Goods. The issuance of the tax document signifies acceptance of the Order in its entirety. An Order or Offer that has already been confirmed by the Contractor or Customer can only be canceled through mutual agreement of the contracting parties.

9. Changes to the Contract

The Contractor considers suggestions for changes, addendums, or deviations from the accepted Order or Offer by the Customer as an invitation to further negotiate the Contract’s terms. The Contractor is not obligated to finalize the Contract based on the Customer’s proposed changes. Changes to the concluded Contract, including the agreed-upon contract price, can only be made through mutual agreement or due to legal requirements.

10. Product Development / Product modification

In cases where the Contract involves the development of a new or modified product, resulting in a new model, prototype or product modification (both hardware and firmware), the Customer is always obliged to thoroughly test the delivered products within the final application (this applies to all  hardware and firmware modifications without any exception). The parties will agree on a suitable testing period, where the Customer is responsible for the initial proposal of testing procedure. During this time, the Customer must communicate test results to the Contractor.

Contractor does not bear any responsibility from the potential damages, which may occur due to the lack of testing in the final application. 

11. Testing obligation

The Customer takes into consideration, that delivered products include both hardware and firmware solutions, which needs to be thoroughly tested in the final application and the results must be validated with the Contractor before any following commercial activity is started.

12. Data Transfer and Technical Errors

The Contractor shall not be held liable for any errors in data transfer, calculation inaccuracies, or technical defects.

13. Return Policy

Goods that were erroneously ordered or accepted are non-returnable.

14. Customer Confirmation

The Customer explicitly confirms that the ordered or accepted Goods are entirely suitable for their needs, even if other information comes to light subsequently.

15. Additional Services

The Contractor is not obligated to provide installation, assembly, integration, or similar services unless explicitly agreed upon. Specific conditions for assembly are determined in the confirmed Order or Offer.



The delivery date of the Goods is specified in the confirmed Order or Offer.

1. Delivery within the Czech Republic

The moment of delivery within the territory of the Czech Republic is determined by the INCOTERMS delivery clause specified in the confirmed Order or Offer. In the absence of such specification, the following conditions apply:

a) In the case of Goods transported to the Customer, delivery occurs upon handover to the initial hauler for transportation.

b) If the Customer collects the Goods at the Contractor’s registered office or operating premises, delivery is considered complete upon the Customer’s receipt of the Goods.

c) Delivery is also considered complete when the Contractor enables and promptly notifies the Customer of the availability of the Goods.

2. International Delivery

For deliveries outside the territory of the Czech Republic, the delivery terms are determined by the INCOTERMS delivery clause specified in the confirmed Order or Offer. If delivery terms are not specified, EXW conditions under the INCOTERMS 2020 are taken as the standard delivery term.

3. Verification of Goods During Transport

In the case of transported Goods, the Customer must verify whether the information on the transport documentation matches the details in the Order or Offer before confirming receipt. If the information on the transport documentation is inconsistent with the terms of the Contract, if the original packaging is damaged, or if the Goods are otherwise compromised, the Customer must note these discrepancies on the transport documentation and, if necessary, create a damage report in cooperation with the hauler. The Customer must promptly inform the Contractor of such discrepancies in writing.

4. Confirmation of Receipt

When a natural person, acting as the Customer, receives the Goods from the hauler, they confirm receipt by signing the delivery note. This confirmation includes their first name, last name, identity card number (or another identification document), or other identifying information. In the case of a legal entity as the Customer, the authorized person receiving the Goods must sign the delivery note and provide the trade name, registered office, registration number, and their first name and last name. The parties agree that the document confirming receipt of the Goods or the delivery note may be the invoice, provided it contains all the necessary details.

5. Goods Inspection

The Customer is obligated to inspect the Goods promptly after receipt. If the Customer refuses properly delivered Goods, they are responsible for covering all costs associated with the particular case. This action does not affect the Contractor’s right to seek compensation for tangible and intangible damages.

6. Delay Due to Unforeseen Events

The delivery timeframe may be extended reasonably in cases where delivery is delayed due to unforeseen events (e.g., Force Majeure). The Contractor is not liable for delivery delays caused by natural disasters, unexpected customs delays, production interruptions, transport damage, strikes, wars, pandemic, state of emergency, operational interruptions, delayed supply of raw materials, materials, or Force Majeure. Such circumstances will not be considered the Contractor’s fault, even if the Contractor is already behind schedule. These events provide grounds for suspending the Contractor’s contractual obligations for the duration and extent of the circumstances. The same applies if these events affect subcontractors, contractors, or their subcontractors.

7. Timely Submission of Documents and Authorizations

To meet the delivery deadline, the Customer must submit all required documents, consents, and authorizations agreed upon in the confirmed Order or Offer and adhere to the agreed-upon payment terms. The delivery period for the Goods will be extended by the duration of any delay attributable to the Customer.

8. Exact Delivery

The Contractor is considered to have met the delivery date if the Goods are handed over to the Customer on the last day of the agreed delivery period.

9. Suspension of Deliveries

If the Customer has unpaid monetary or non-monetary debts to the Contractor, including sums owed for earlier confirmed Orders or Offers, the Contractor has the right to suspend further deliveries until the Customer settles all outstanding debts. During this suspension period, the Contractor will not be in breach of its obligations to the Customer. The delivery deadline for suspended deliveries will be extended by the duration of the Customer’s delay in payment of the purchase price.

10. Excessive Goods

If the Contractor delivers a quantity of Goods exceeding the contracted amount, the Customer may reject the excess Goods upon receipt. Failure to do so during the receipt of Goods, and not documenting it in writing on the Delivery Note or another document, implies the Customer’s acceptance of the excess quantity. In such cases, the Customer is obligated to pay the contractual price based on the unit price agreed upon in the Contract or as specified in the updated price list of the Contractor as of the date of delivery to the Customer.

11. Change to Confirmed Order/Offer

If the Customer implements an approved change to the confirmed Order or Offer, the delivery deadline will be extended by the time required to accommodate the new production conditions.



1. Payment Options

The Customer may choose from the following payment methods for the contractual price in the Order:

a) Bank transfer in advance or after Goods delivery to the Contractor’s account, based on the proforma or final invoice.

b) Online payment using third party platform (PayPal).

2. Payment Method Acceptance

The Contractor, at its discretion, may accept or reject the selected payment method for the contract price as specified by the Customer in the Order. In the event the Contractor does not accept the Customer’s chosen payment method, it will select an alternative payment method listed in Article IV, Section 1 of these Terms. Such action shall not be considered a change to the Contract as defined in these Terms. In the absence of an agreed-upon payment method for the contract price, the Customer is obligated to pay according to the Contractor’s requirements.

3. Advance Payment

The Contractor reserves the right to request an advance payment from the Customer, up to 100% of the agreed price. If an advance invoice is issued, it is due within 14 days from the date of issuance.

4. Invoicing and Payment Timing

In cases of payment under Sections IV.1 (a), (b) of these Terms, the Contractor typically provides the invoice during the delivery (handover) of the Goods. The advance invoice is issued immediately upon Order/ Offer confirmation. Unless otherwise agreed, the contract price is due within 14 calendar days from the date of invoice issuance. The Contractor is authorized to send the invoice, as well as the advance invoice, in both written and electronic formats.

5. Payment Confirmation

Payment is considered made at the moment the purchase price is credited to the Contractor’s bank account or when cash payment is received.

6. Transfer of Risk Within the Czech Republic

In cases of domestic trade within the territory of the Czech Republic, the risk of Goods damage transfers to the Customer on the day of Goods delivery as defined in these Terms.

7. Transfer of Risk for International Delivery

The transfer of risk for Goods damage in the case of international delivery is determined by the INCOTERMS delivery clause as specified in the confirmed Order/ Offer.

8. Preferential Allocation of Payments

The Contractor may allocate any payment received from the Customer, even without the Customer’s approval, to settle unpaid claims arising from the Contract or other agreements. Such payments will be applied to cover costs, accessories, and then the principal amount. The Customer may not make such off-setting without the written consent of the Contractor.



1. Unspecified Packing Norms

When customary packaging norms are not established, the Contractor will employ a packing method necessary for the safe storage and protection of the Goods. In such cases, the Contractor will choose the most economically efficient packaging method and type of consignment available.

2. Standard Packing

In the absence of specific packing instructions provided by the Customer in the Order or confirmed Offer, the Goods will be packed using the standard method typically associated with the specific product type, quantity, and, if applicable, the agreed-upon mode of transportation. 



1. Interest on Late Payments

If the Customer delays payment of the Goods’ price or any part thereof, the Contractor is entitled to charge the Customer  interest on late payment in the amount of 0,05 % of the outstanding sum for each day of delay from the first day of delay until payment. The Contractor’s right to seek compensation for both tangible and intangible damages and reimbursement of debt collection costs remains unaffected.

2. Contractor’s Right to Withdraw

The Contractor is authorized to withdraw from the Contract immediately under the following circumstances:

a) The Customer is in default of payment (e.g., the purchase price or an advance payment) to the Contractor for a period exceeding 30 days after the due date and remedy was not made within 10 days upon the request of the Contractor.

b) Insolvency proceedings are initiated against the Customer’s assets.

c) The Customer enters into liquidation.

d) breach of the obligations of the Customer under these Terms that are not remedied without undue delay upon the notice of the Contractor

Upon withdrawal from the Contract, all claims held by the Contractor against the Customer become immediately due. The Contractor is also entitled, in such cases, to request the immediate return of any Goods for which payment has not been received up to that point.

3. Post-Termination Claims

In cases of Contract withdrawal or other forms of termination of the Contract the following claims and provisions shall not expire:

a) Claims for damages resulting from Contract breaches

b) Claims for payment of contractual penalties or late payment interest under the Contract or these TERMS

c) Pecuniary claims of the Contractor arising from the Contract or in connection with it

d) Provisions governing the choice of legal jurisdiction and dispute resolution

e) Provisions addressing the relationship between the Contractor and the Customer regarding Contract termination.

4. Right to Resell Items

In the event of Customer´s delay in the receipt of Goods within the agreed-upon timeframe, the Contractor reserves the right to sell the items after providing prior notice to the Customer through an appropriate method, as per Section 2126 of the Civil Code. This notice will include an additional reasonable period for the Customer to take possession of the items. An appropriate period is defined as:

a) 5 calendar days when Goods are delivered within the territory of the Czech Republic.

b) 14 calendar days for Goods delivered outside the territory of the Czech Republic. This also applies if Customer delay is due to a payment default that is a prerequisite for Goods handover.

5. Liability Limitation

The Contractor’s liability to the Customer for any damages, including all contractual penalties, arising during Contract performance due to one or more breaches of contractual or legal obligations, is limited to a maximum of ten  percent (10 %) of the price of the delivered Goods, excluding VAT.



1. Contractor’s Responsibilities

The Contractor’s obligations are as follows:

a) Deliver the ordered Goods to the Customer accurately and punctually at the agreed place of delivery.

b) Provide the Customer with relevant documents related to the Goods.

c) Facilitate the Customer’s acquisition of ownership rights to the Goods. Documents necessary for Goods handover and use, including confirmations and certificates, will be provided by the Contractor to the Customer promptly upon Goods receipt, within a maximum of 10 working days.

2. Customer’s Responsibilities

The Customer is responsible for properly receiving the ordered Goods and making timely payments of the contract price, in accordance with these Terms or pre-agreed conditions in the Contract.

3. Handling Defective Goods

Any rights and obligations related to the identification and resolution of Goods defects, such as issues of quality, quantity, or price discrepancies, shall adhere to these Terms, unless otherwise specified.

4. Defective Goods

The Contractor is committed to delivering Goods without defects. The Customer is obligated to inspect the Goods as soon as possible upon receipt. 

5. Warranty and Warranty Period

The Contractor provides the Customer with a 12-month quality guarantee for the delivered Goods. By the Warranty, the Contractor accepts the undertaking that the Goods will be eligible for the agreed warranty period for the agreed, otherwise customary purpose, that they retain the agreed, otherwise customary properties and that they will be free of legal defects. The warranty period starts running from the date of receipt of the goods by the Customer. The Contractor’s liability for defects covered by the Warranty does not arise if these defects were caused by the passing of the risk of damage to the Goods by external events not caused by the Contractor.

6. Apparent Defects and Claims

(a) The Customer shall state the apparent defects in the Goods which he has discovered or should have discovered in the delivery note or other transport document immediately upon the delivery of the Goods or subsequent inspection, in particular the missing quantities, quality defects, etc.

b) Quantity is not a delivery of a smaller quantity Goods if this quantity corresponds to the data in the delivery note, in this case it is a partial delivery or partial non-fulfilment of the contract.

c) Customer is obliged to promptly complain to the Contractor on these obvious defects of the Goods in writing no later than 5 working days after the inspection of Goods or from the time the Customer was due to do this.

7. Hidden Defects and Claims

a) Hidden defects, i.e. defects unrecognizable by a routine inspection of Goods at the delivery or occurred later, shall be reported by the Customer in writing to the Contractor within 5 days of their discovery or from the moment they could have been detected or from the moment the Customer received notification from third party (e.g. customer whom the Goods was sold).

b) Hidden defects must be claimed no later than two years after the delivery of the Goods.

c) Complaints are considered be made on time if they are sent to the address of the Contractor on the last day of the complaint period by registered mail or by e-mail. 

d) The Consumer’s complaints about defects of Goods must include, in particular, the following elements: identification of Goods, invoice no., description of the defect, when it was discovered and how it shows, claim for the way the complaint should be settled and have to be documented by the necessary attachments proving the existence of a defect (for example delivery note, complaint protocol).

8. The Contractor is not responsible, among other things, for defects in Goods if:

(a) the Customer had to know about them or knowing them before taking over the Goods, considering the circumstances of the Contract;

b) The Customer caused defects of Goods itself, respectively they were caused by the persons for whom the Customer is responsible or the persons who were authorized by the Customer to carry out tasks in connection with the Contract;

c) the defects of Goods are due to incorrect or inappropriate handling contrary to the instructions for use, inappropriate transportation and/or handling, inappropriate storage, excessive load, natural wear and tear, use of Goods contrary to applicable laws, technical standards and/or recommendations of the Contractor; or due to the Force Majeure;

d) Goods defects caused by moisture, other heat, weather or chemical influences, improper treatment and pollution, excessive loads, the use of material not provided by the Contractor, or improper installation and installation;

9. Customer’s Obligation to Provide Cooperation for Defect Clarification

The Customer is obliged to provide the Contractor necessary cooperation for clarification of the cause of the defect, mainly it is obliged to provide the Contractor with all the information about the method and the method of assembling the delivered Goods, the manner and conditions of its use or other relevant facts. If the Customer does not provide the required cooperation to the Contractor, it is considered that the complaint is without merit.

10. Claims for Defects

(a) In the case of any defect of Goods which have not yet been properly claimed by the Customer but are acknowledged as valid by the Contractor, the Contractor can remedy the defect himself without any unnecessary delay by spare delivery of Goods and replacement of defective Goods for perfect or, by supplying the missing quantity.

b) In the case of defects of Goods, which have been properly and timely claimed by the Customer and acknowledged by the Contractor as eligible, the Customer may request the removal of defects, preferably:

– by supplying the missing quantity of Goods,

– by granting a reasonable discount on the price, up to a maximum of 30% of the Purchase Price of the Goods, if defects do not prevent the normal use of the Goods,

– by replacement of defective Goods for perfect.

11. Reporting Defects

If the Customer identifies discrepancies between the information on the delivery note, invoice, or notices damage to the Goods during transportation or visible damage, they must promptly notify the Contractor in writing via email to  and file a complaint within a maximum of 5 working days from the date of Goods receipt. The Contractor will not acknowledge complaints raised beyond this timeframe. Along with the complaint, the Customer must attach a copy of the document confirming the purchase of the Goods. Upon request, the Customer shall provide the original document confirming the purchase. The complaint should include the Customer’s contact details, a description of the defect, and specific requirements for addressing the complaint.

12. Guarantee Exclusions

The guarantee does not cover defects caused by improper operation, unprofessional or inappropriate treatment, electrostatic damage, use or installation contrary to user documentation, failure to adhere to specified grid conditions, external events, and mishandling. Additionally, the guarantee does not apply to the supply of batteries, whether as individual cells or part of a delivered product, as the conditions and guarantee periods are determined by the battery cell manufacturer. The guarantee period can never exceed the battery’s expected lifespan determined by its usage (primarily by the number of discharge cycles). Complaints regarding specific battery cells/battery systems should be directed to the manufacturer by the Contractor.

13. Guarantee Expiry

The guarantee becomes void if the Customer or a third party modifies or intervenes in the performance item without prior written approval from the Contractor.

14. Guarantee Coverage

The guarantee covers the repair or replacement of the defective part and does not include installation costs, servicing, or liability for indirect, special, incidental, or consequential damages of any kind to the defective production equipment or operation, including loss of profit or business opportunity.

15. No Retention or Price Reduction

The Customer is not allowed to withhold payment or reduce the purchase price in the case of complaints.

16. Resolution Time

The Contractor is obligated to make a decision regarding the complaint and settle the claim arising from the defects without undue delay depending on the character of defect and production. The Customer will be informed of the complaint status through the email address used to raise the complaint with the Contractor.

17. Compensation for Unjustified Complaints

If the Customer’s complaint is found to be unjustified, the Contractor is entitled to seek compensation for costs incurred in connection with addressing the complaint.

18. Contractor’s Liability

The Contractor is not responsible for the functioning of the Customer’s connection system and product as a whole if the Contractor has followed the procedures and instructions provided by the Customer during performance. The Contractor is not obligated to assess the suitability of the Customer’s procedures and instructions or the suitability of using the parts supplied or required by the Customer, especially if the Customer’s product requires certification.

19. Defects Caused by Components

The Contractor is not liable for defects arising from components or parts supplied or required by the Customer, even if these components are found to be unsuitable for use in the product covered by the Contract, and such unsuitability becomes evident during the development and assembly of the product

20. Contractor’s Liability for Procedures

The Contractor bears no responsibility for defects resulting from the use of procedures and instructions provided by the Customer, whether agreed upon during Contract execution or subsequently through approved changes, which affected the development and assemblyof the product or the overall functionality of the Customer’s product.



By entering into this Contract, the Customer acknowledges that no rights are conferred upon them for the utilization of the Contractor’s registered trademarks, corporate logos, or patents. Furthermore, the Customer is fully aware that the acquisition of Goods (products) from the Contractor’s product catalog does not grant them any copyrights to the Contractor’s promotional materials, drawings, descriptions, or any other documents issued by the Contractor. This also applies to any samples furnished to the Customer, unless otherwise stipulated in a separate agreement.



The Agreement/any Purchase Orders, as well as any legal matters connected therewith, shall be governed by, construed and interpreted in accordance with the laws of the Czech Republic, mainly by the Act Nr. 89/2012 Coll., the Civil Code, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods.

These Terms are written in Czech and English version. In case of discrepancy the Czech version shall prevail.

All disputes arising from the present contract and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three arbitrators in accordance with the Rules of that Arbitration Court.



You can find the latest version of these Terms on the Contractor’s official website at

If any provision within these Terms or any provision within contracts to which these Terms are integral is deemed invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions within these Terms and the associated contracts.

Unless otherwise specified in a particular contract, if a document is undelivered or refused by the recipient, it shall be considered as delivered on the third day after being sent via a postal license holder, courier, or in-person delivery. Electronic delivery, except as otherwise stated in these Terms, is exclusively the responsibility of the Contractor. In cases of electronic delivery, a document shall be considered delivered on the third day from the date of sending, unless it is returned as undeliverable. Documents should be dispatched to the addresses provided in the specific contracts or those communicated by the parties during the contractual relationship.

Assignment of the Customer’s claims against the Contractor is not permitted.

These Terms came into effect on September 1st, 2023, and are valid from that date onward.