General Terms and Conditions, BWTS Energy Services GmbH (Last updated: March 2026)
Scope of application
All offers, agreements and services of BWTS Energy Services GmbH are based on the following General Terms and Conditions (GTC), unless otherwise agreed in individual cases. The General Terms and Conditions of BWTS Energy Services GmbH apply exclusively. Additional, conflicting or deviating terms and conditions of a client shall not become part of the contract unless they have been expressly confirmed in writing in individual cases. This also applies to the cancellation of the written form requirement. Rights to which BWTS Energy Services GmbH is entitled in accordance with statutory provisions or other agreements remain unaffected.
Prices, invoicing, terms of payment
The prices quoted by BWTS Energy Services GmbH, to which the respective statutory VAT is added, are decisive for the orders carried out by BWTS Energy Services GmbH. Discounts are not granted. BWTS Energy Services GmbH is authorised to issue partial invoices according to the scope of services already rendered. Invoices from BWTS Energy Services GmbH are payable within 14 days, unless other payment terms have been expressly agreed in writing. Invoice amounts are payable without any deductions, including the separately stated VAT. Payments by cheque, bill of exchange or bank transfer shall not be deemed to have been made until the amount has been finally credited. All associated bank charges or other costs shall be borne by the client. The client may only assert a right of retention if their counterclaim is based on the same contractual relationship. Offsetting against counterclaims is excluded unless the claim for offsetting is undisputed or has been established by a court. In the event of late payment, the client shall owe interest on arrears at a rate of 9 percentage points above the base interest rate per annum. In general, BWTS Energy Services GmbH is at liberty to prove and assert a higher damage caused by delay. If the client is in arrears with the payment of invoices, including partial invoices, BWTS Energy Services GmbH can make the performance or further performance of the order dependent on the payment of the invoice. If the client remains in arrears with the payment of an invoice despite the setting of a grace period, BWTS Energy Services GmbH shall be entitled to withdraw from current contracts and/or to terminate them and/or - in addition to fulfilment - to demand compensation. Parts are subject to retention of title until full payment has been made.
The client is obligated to accept the agreed service. Upon completion of the service, BWTS will notify the client and request for a declaration of acceptance. Until payment has been made in full, the services provided under the contract shall remain the property of the contractor and may not be utilised by the client. If the client does not accept the service and/or partial service within 20 working days of notification of completion, the service shall be deemed to have been provided in accordance with the contract.
Defects
If a work performance is defective, BWTS Energy Services GmbH is entitled to subsequent fulfilment at its discretion, either by remedying the defect or by providing the service again. If the supplementary fulfilment chosen by BWTS Energy Services GmbH should fail or be delayed beyond reasonable time limits for reasons for which BWTS Energy Services GmbH is responsible, or if BWTS Energy Services GmbH is not willing or able to provide supplementary performance, the client may, without prejudice to any claims for damages or reimbursement of expenses, choose to remedy the defect themselves or demand a reduction of the invoice or cancellation of the contract, the latter provided that the breach of duty by BWTS Energy Services GmbH is not only insignificant.
Cancellation of order fulfilment
If the order cannot be carried out successfully or on time for reasons for which BWTS Energy Services GmbH and/or BWTS Energy Services GmbH's service providers are not responsible (e.g. due to a lack of or only partial fulfilment of the client's obligation to cooperate), BWTS Energy Services GmbH reserves the right to terminate the order without notice after the unsuccessful expiry of a reasonable period of time for the fulfilment of the obligation to cooperate and to invoice the services it has carried out up to that point and the additional costs incurred separately. If, due to the unavailability or inadequacy of the required data (for clarification: data resulting from the client's obligation to cooperate), or due to delays in the provision of data for which BWTS Energy Services GmbH and/or service providers of BWTS Energy Services GmbH are not responsible, BTS will notify the client of this and invoice the client separately for the additional costs at the listed hourly rates. The same applies to any materials used. These will be charged with a surcharge of 30% (under provision of the invoice of the supplier of the material) . If the order cannot be carried out within six months after the contract has been awarded for reasons for which BWTS Energy Services GmbH and/or BWTS Energy Services GmbH's service providers are not responsible, BWTS Energy Services GmbH reserves the right to terminate the order or to demand a price adjustment based on a new offer.
Termination must be made in writing.
BWTS Energy Services GmbH guarantees the contractual performance of the services incumbent upon it: The warranty period is 12 months, unless otherwise agreed in writing between the parties. The warranty does not cover wearing parts that are subject to functional wear and tear, unless these are affected by production or material related defects.
Subcontracting and suppliers
BWTS Energy Services GmbH reserves the right to subcontract. If services from third parties are required in order to fulfil the order, BWTS Energy Services GmbH will involve subcontractors.
Liability regulation
The contractor, its legal representatives and vicarious agents shall only be liable for damages, regardless of the legal grounds, in the event of intent and gross negligence. In the event of a merely negligent breach of a material contractual obligation (cardinal obligation), liability shall be limited to the damage typically foreseeable at the time of conclusion of the contract, but to a maximum of 5,000,000 euros per claim for property damage and 5,000,000 euros for financial loss. Liability for a slightly negligent breach of non-essential contractual obligations is excluded. The above limitation of liability does not apply to damage to life, limb or health or to claims arising from a guarantee of quality or under the Product Liability Act [ProdHaftG]. BWTS Energy Services GmbH accepts no liability for consequential damages, in particular loss of profit, loss of production or business interruption. This does not apply insofar as there is a liability that cannot be excluded by law.
Data protection
We use the data received from you to prepare the requested offer, but also to commission the performance of the contract, the creation of a certificate or proof of performance. For this, we store and use your name and company address as well as the inspection date and technical data of the test object to be inspected. In addition, we store your contact details, insofar as these have been transmitted. The legal basis for the processing of the data is Art. 6 (1) Sentence 1 GDPR. BWTS Energy Services GmbH is permitted to reproduce the reports and pass them on to third parties as part of the realisation of the project.
Final provisions
The place of jurisdiction for all disputes arising from this contract is Rostock. German law applies. UN sales law is excluded. The offer and its content (including prices) may only be passed on in whole or in part with the written consent of BWTS Energy Services GmbH. Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
