General Terms and Conditions (B2B)
These terms apply exclusively to: services, project-related services, delivery, installation, work services, commissioning, and retention of title.
InstantVOLT-Energy GmbH
Kersenbrockallee 67, 33104 Paderborn – hereinafter referred to as the "Contractor" – towards entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or public law special assets – hereinafter referred to as the "Client".
Part A contains the general rules for B2B services and project-related services.
Part B contains the supplementary provisions for delivery, installation, work services, commissioning, warranty, and retention of title. In the event of contradictions, the provisions of Part B take precedence for these services.
Part A · General Conditions for Services and Project-Related Services
1. Scope
1.1 These General Terms and Conditions apply to all contracts regarding services, consulting, planning, development, project design, operational support, digitalization, and other project-related services provided by the Contractor.
1.2 These apply exclusively to entrepreneurs within the meaning of Section 14 BGB, legal entities under public law, or public law special assets. Contracts with consumers are not concluded.
1.3 Conflicting, deviating, or supplementary General Terms and Conditions of the Client will not become part of the contract unless their validity is expressly agreed to in writing or text form.
1.4 Individual agreements, service descriptions, offers, order confirmations, project contracts, or framework agreements take precedence over these terms.
1.5 These conditions also apply to future similar transactions in the version in force at the time of contract conclusion, unless another version is indicated.
2. Subject Matter of Contract and Scope of Services
2.1 The Contractor provides services primarily in the areas of decentralized energy supply, energy storage, energy management, technical and economic analysis, planning, development, project support, digitalization, operational support, marketing support, and in the field of Energy-as-a-Service models.
2.2 The type, scope, content, and objectives of the respective services are exclusively defined by the individual contract, offer, order confirmation, and if applicable, annexes, specifications, service descriptions, or project plans.
2.3 Unless explicitly agreed in writing as a guaranteed result, the Contractor owes services, consulting, and support services, but not a specific economic, technical, regulatory, or approval-related result.
2.4 Economic calculations, yield forecasts, simulation calculations, marketing models, savings forecasts, grid connection assumptions, subsidy expectations, or amortization calculations do not guarantee specific revenues, savings, subsidies, network commitments, approvals, or market prices.
2.5 Legal, tax, subsidy, accounting, or other public-law advisory services are owed by the Contractor only if explicitly agreed in writing.
2.6 The Contractor is entitled to employ qualified third parties or subcontractors for service provision.
3. Conclusion of Contract and Contract Documents
3.1 Offers from the Contractor are non-binding and subject to change unless expressly stated as binding.
3.2 A contract is concluded only upon written or text-form confirmation by the Contractor or upon commencement of service provision.
3.3 All documents provided to the Client, including concepts, calculations, drawings, illustrations, technical details, presentations, data, and other work results, remain the property or intellectual property of the Contractor, unless explicitly stated otherwise.
3.4 Public statements, advertising claims, technical descriptions, or representations outside the individual contract are binding only if they are expressly included as part of the contract.
4. Client's Obligation to Cooperate
4.1 The Client must provide all required information, documents, data, decisions, contacts, access, approvals, and other cooperation actions in a timely, complete, and correct manner.
4.2 Unless explicitly agreed otherwise, the Client is responsible for providing project-relevant data and assumptions, appointing authorized decision-makers, obtaining necessary permits and approvals, and providing customer infrastructure.
4.3 The Contractor is not obligated to verify the correctness or completeness of information provided by the Client without specific cause.
4.4 If the Client fails to meet their cooperation obligations, deadlines and dates will be reasonably extended. Any additional costs, waiting times, additional services, or delays incurred are to be compensated by the Client.
4.5 The Contractor is not liable for performance hindrances or defects caused by incorrect, incomplete, or delayed information, specifications, materials, or decisions provided by the Client, unless caused by the Contractor's fault.
Part B · Special Conditions for Delivery, Installation, Work Services, and Commissioning
11. Scope of Application and Priority of Part B
11.1 These special conditions apply in addition to contracts in which the Contractor delivers hardware, battery storage systems, containers, inverters, EMS components, accessories, or other goods, performs installation, integration, or commissioning services, or owes work contract services.
11.2 Where both services and delivery, installation, or work services are owed, Part A and Part B apply in addition to each other.
11.3 In case of contradictions, the regulations of this Part B take precedence for delivery, installation, work, and commissioning services.
12. Scope of Delivery, System Boundaries, and Technical Parameters
12.1 The specific scope of delivery and services is exclusively defined by the individual contract, offer, order confirmation, and any technical documents expressly referenced therein.
12.2 Unless otherwise explicitly agreed, the Contractor is only obligated to provide the named delivery and service components. Specific services such as civil works, foundation creation, cable trays, fire protection measures, approvals, grid connection releases, actions by the grid operator, modifications to existing installations, grid compatibility tests, NSHV/transformer adaptations, or other infrastructure provided by the Client are not owed.
12.3 The Contractor is entitled to use technically equivalent components, provided this does not impair function, safety, essential performance parameters, or convenience for the Client.