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General Terms and Conditions (Edition: 02.2026)
1. SCOPE OF APPLICATION OF THESE GTC
1.1. These General Terms and Conditions apply to all contracts between MSC CON Electronic GmbH, based in Erfurt (hereinafter referred to as “MSC CON”), and its B2B customers regarding the delivery described in the quotation, unless otherwise expressly agreed in writing or required by mandatory law.
1.2. Any general terms and conditions of B2B customers shall not apply unless they have been expressly accepted in whole or in part by MSC CON in writing and confirmed by signature.
1.3. All offered technical components are subject to rapid innovation-related changes. MSC CON therefore reserves the right to modify the components of LED-equipped cabinets as well as energy technologies in connection with project adjustments and production progress. LED and hybrid energy technologies depend on temperature, weather conditions, and electricity with regard to brightness, rotation, and lifespan. Warranty claims for these technologies are limited exclusively to defects existing at the time of transfer. Natural wear and tear is excluded from warranty in all cases. For permanently integrated LED systems, the failure of individual LEDs during the warranty period does not constitute a warranty claim as long as the average luminous flux does not fall below 70% of the initial value or the guaranteed values according to the technical data sheet under proper operation and standard measurement, unless MSC CON has guaranteed other properties. For hybrid energy projects, only the conditions agreed in the quotation in written form shall apply.
1.4. These General Terms and Conditions also apply, in addition to existing provisions, to the production, delivery, transfer, provision, installation, maintenance, and use of ESS storage systems (energy storage systems) and vertical wind systems (small wind turbines). Unless otherwise expressly agreed, these GTC also apply to all transactions related to these systems.
1.5. ESS storage systems and vertical wind systems are subject to innovation-driven changes similar to other energy technologies. MSC CON reserves the right to make changes in connection with project adjustments, legal regulations, or production progress.
1.6. Warranty claims for ESS storage systems and vertical wind systems are limited exclusively to defects documented in writing at the time of transfer/acceptance. Natural wear and tear is excluded. Specific guarantees are regulated in the respective contract.
2. SCOPE AND PERFORMANCE OF SERVICES BY MSC CON
2.1. The subject matter of the contract is the service agreed upon based on the written quotation/offer.
2.2. Information on goods and services provided on MSC CON’s website and in promotional materials is non-binding and provided without any warranty. It does not constitute an offer to conclude a contract. By placing an order (in writing or otherwise), the customer submits an offer to conclude a contract. The contract is concluded when MSC CON expressly confirms acceptance, ships the goods, or makes them available for collection. An order confirmation does not constitute acceptance.
2.3. Services such as LED screen planning or energy planning requested by the customer may be charged even if no order is placed. Planning is based on HOAI engineering principles and billed accordingly.
2.4. If planning agreements differ, invoicing is based on time spent and market-standard hourly rates (MSC CON personnel from €1,585.00 net per day plus travel, accommodation, etc.). Additional services requested after acceptance of the offer must be paid separately.
2.5. MSC CON reserves the right to change prices, discounts, delivery and payment conditions, product designs, dimensions, drawings, and descriptions at any time. In the event of price increases, the customer may withdraw without costs, but services already rendered must be paid. Price reductions apply to pending orders.
2.6. Changes or cancellations of confirmed orders require mutual written agreement. Custom-made products cannot be changed or cancelled.
2.7. Orders below €500.00 net incur a €20.00 fee. Special deliveries outside agreed schedules incur €50.00.
2.8. Project business may be subject to special agreements in writing.
2.9. Sample deliveries may be provided for up to one month. Non-returned items will be invoiced. Damaged or modified items will always be charged.
2.9. (duplicate numbering) ESS systems include batteries, inverters, control units, and monitoring software. MSC CON may subcontract obligations. Vertical wind systems include turbines, masts, and control systems and require separate agreements. Customers must ensure compliance with local regulations.
3. PLACE OF PERFORMANCE / TRANSFER OF RISK / TRANSPORT
3.1. The place of performance and transfer of risk is exclusively the registered office of MSC CON.
3.2. Risk transfers to the customer upon handover to the carrier. If shipment is delayed for reasons not attributable to MSC CON, risk passes at the originally scheduled time.
3.3. Transport is a secondary obligation and may be outsourced. Costs are borne by the customer. Export regulations may require approvals.
3.4. Disposal of packaging is the customer’s responsibility.
3.5. For LED screen technology, MSC CON is only responsible for functionality at the place of performance. After transfer of risk, any damage is excluded from warranty.
3.6. No warranty is provided for software, configurations, etc. Services are billed at €92/hour.
4. DEFAULT OF ACCEPTANCE / FAILURE TO COOPERATE
If the customer delays acceptance or fails to cooperate, MSC CON may terminate the contract immediately and claim damages (typically 65% of the order value). Advance payments are non-refundable.
5. RENTAL CONDITIONS
(Condensed for readability while preserving meaning)
Rental periods are calculated in days.
Advance payment may be required; otherwise, the contract does not take effect.
Rental items remain property of MSC CON.
Items may show normal wear and are not necessarily new.
The customer must handle items carefully and protect them from damage/theft.
Late returns incur daily charges.
Subletting is prohibited.
The customer is liable for damage, loss, or theft.
6. PERMITS
The customer is responsible for obtaining all necessary permits and licenses and bearing associated costs. Financing may require guarantees (~8% of contract value).
7. DEFECT REMEDY
Goods must be inspected immediately.
Defects must be reported in writing without delay.
MSC CON may repair or replace defective goods.
Warranty period: 12 months.
8. PAYMENT / DEFAULT
Invoices are due immediately unless otherwise agreed.
Payments must be made in euros.
Late payments incur 8% annual interest.
Set-off by the customer is excluded.
9. RETENTION OF TITLE
Ownership remains with MSC CON until full payment is made. The customer must insure and maintain the goods.
10. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights remain with MSC CON. Unauthorized use will be prosecuted.
11. DATA PROTECTION
MSC CON may process and store customer data, including outside the EU/Switzerland, in compliance with applicable laws.
12. LIABILITY AND WARRANTY
Liability is limited to intent and gross negligence.
No liability for indirect damages or loss of profit.
Warranty is void if products are modified without approval.
Maximum liability is limited to the contract value.
13. WARRANTY EXCLUSIONS
All warranties are excluded to the extent permitted by law unless otherwise agreed.
14. TERMINATION / WITHDRAWAL
Customer withdrawal results in full liability for costs.
MSC CON may terminate for valid reasons (e.g., non-payment).
Compliance with export laws is required.
15. INSURANCE
The customer must insure rented equipment against damage, theft, etc.
16. RIGHT OF WITHDRAWAL
No statutory right of withdrawal for businesses (§14 BGB).
Contractual withdrawal possible within 14 days.
Refunds are subject to deductions for incurred costs.
No withdrawal for custom-made products.
17. SEVERABILITY CLAUSE
Invalid provisions do not affect the validity of the remaining terms.
18. DISPUTE RESOLUTION AND APPLICABLE LAW
All disputes are subject to mandatory mediation before court proceedings.