1. General

1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the client and the contractor, incorporating these GTC.

1.2 Insofar as additional contractual documents or other terms and conditions in text or written form have become part of the contract alongside these General Terms and Conditions (GTC), the provisions of these additional contractual documents shall take precedence over the present GTC in the event of a conflict.

1.3 The contractor does not recognize any terms and conditions that deviate from these business conditions and are used by the client, unless there is an explicit agreement to the contrary.

2. Subject Matter of the Contract and Scope of Services

2.1 The contractor provides the following services to the client as an independent entrepreneur: 
A) Delivery of systems and consulting services for energy storage systems. 
B) Design, manufacturing, and delivery of tower internals for wind turbines. 
2.2 The specific scope of services is the subject of individual agreements between the contractor and the client. 
2.3 The contractor performs the contractual services with the utmost care and diligence according to the latest standards, rules, and findings. 
2.4 The contractor is obligated to provide the services owed under the contract. However, in carrying out his activities, he is not subject to any instructions regarding the nature of the provision of his services, the location of service delivery, or the timing of service delivery. He will, however, determine the scheduling of workdays and the timing on those days in such a way that optimal efficiency in his activities and in the realization of the subject matter of the contract is achieved. The provision of services by the contractor occurs solely in coordination and consultation with the client.

5. Liability / Indemnification

5.1 The contractor is fully liable for any legal reason in cases of intent or gross negligence, in cases of intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise stipulated, or based on mandatory liability. If the contractor negligently violates a significant contractual obligation, liability is limited to the typical, foreseeable damage, unless unlimited liability is established according to the preceding sentence. Significant contractual obligations are those duties that the contract imposes on the contractor according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place, and on which the customer can regularly rely. Furthermore, the contractor's liability is excluded. The above liability provisions also apply with respect to the contractor's liability for its agents and legal representatives.

5.2 The client indemnifies the contractor from any claims by third parties that are made against the contractor due to violations by the client of these contractual conditions or applicable law.

6. Contract Duration and Termination

6.1 The duration of the contract and the deadlines for ordinary termination are individually agreed upon by the parties.
6.2 The right of both parties to terminate the contract without notice for important reasons remains unaffected.

6.3 The contractor must promptly return or destroy all documents and other materials entrusted to them after the termination of the contract, at the customer's discretion. The assertion of a right of retention regarding these is excluded. Electronic data must be completely deleted. Excluded from this are documents and data for which a longer statutory retention obligation exists, but only until the end of the respective retention period. The contractor must confirm the deletion in writing to the company upon request.

8. Final Provisions

8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.

8.2 If any provision of these terms and conditions is or becomes invalid, the validity of the remaining terms and conditions shall not be affected.

8.3 The client will support the contractor in providing their contractual services through appropriate collaborative actions, as necessary. In particular, the client will provide the contractor with the information and data required to fulfill the contract.

8.4 If the client is a merchant, a legal entity under public law, or a special fund under public law, or does not have a general jurisdiction in Germany, the parties agree that the location of the contractor shall be the jurisdiction for all disputes arising from this contractual relationship; exclusive jurisdictions remain unaffected by this.

8.5 The contractor is entitled to amend these terms and conditions for objectively justified reasons (e.g., changes in case law, legal situation, market conditions, or business or corporate strategy) and with due notice. Existing customers will be notified of this at least two weeks before the changes take effect via email. If the existing customer does not object within the period set in the amendment notice, their consent to the change is considered granted. If they do object, the changes will not take effect; in this case, the contractor is entitled to terminate the contract at the time the changes take effect. The notification regarding the intended change to these terms and conditions will indicate the deadline and the consequences of an objection or the lack thereof.

9. Information on Online Dispute Resolution / Consumer Arbitration

The EU Commission provides an online dispute resolution platform at the following link:

https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. The provider is neither willing nor obligated to participate in a consumer dispute resolution procedure under the VSBG.

You can find our email address in the heading of these terms and conditions.