General Terms and Conditions (GTC)

Richard Hess MBV GmbH

I. General

1. The following General Terms and Conditions apply exclusively unless individually agreed otherwise in writing.
2. The client's general terms and conditions are not recognized and therefore do not form part of the contract.
3. For electrotechnical accessories or components, the delivery conditions of the Central Association of the German Electrical Industry (ZVEI) apply.
4. The General Terms and Conditions are deemed accepted once the client accepts our offer documents.

II. Offer and Conclusion of Contract

1. All offers are non-binding regarding price, delivery time, and availability.
2. Oral and telephone agreements are only valid after written confirmation of the order.

III. Prices and Payment Terms

1. Prices are stated exclusively in euros, ex works, plus the applicable VAT and packaging, shipping, and transport costs.
2. The contractor is entitled to correct pricing and calculation errors, even if they are not obvious.
3. Our invoices are payable within 15 days from the invoice date without any discount. Services are payable immediately net.
4. In the event of late payment, default interest will be charged at the usual bank rate for current account credits.

IV. Scope of Delivery

1. The written order confirmation from the contractor is decisive for the scope of delivery. Additional agreements and changes require written confirmation.
2. Partial deliveries are permitted at any time.
3. If the delivery of the contractual item becomes impossible before the transfer of risk, the contract shall be rescinded without any claims for damages or reimbursement of expenses.

V. Delivery Period

1. The delivery date is specified in the order confirmation.
2. Delivery possibilities are always subject to change.
3. Disruptions due to force majeure not attributable to the contractor will extend the delivery periods accordingly.
4. Claims for damages can only be asserted in cases of intent or gross negligence.

VI. Transfer of Risk

1. The risk of loss or damage passes to the client once the goods are loaded onto the transport vehicle.
2. This also applies if a carrier is commissioned or if shipment is by rail or air freight.

VII. Delay in Acceptance

1. If the client refuses acceptance after a grace period of 10 days or explicitly declares unwillingness to accept the goods, the contractor may withdraw from the contract and demand damages amounting to 25% of the order value.
2. In the case of call-off orders not called off within 12 months, we are entitled to demand immediate acceptance or to withdraw from the contract.

VIII. Right of Withdrawal

1. The contractor may withdraw from the contract if the client provides false information about their identity or creditworthiness, suspends payments, or if insolvency proceedings are initiated.
2. The client may only withdraw from the contract if the contractor fails to remedy a defect within a reasonable grace period granted for this purpose.

IX. Return of Delivered Goods

1. In case of return of delivered goods, advance payments made will be refunded.
2. The actual expenses incurred must be borne by the client.
3. For usage, a depreciation allowance of 35% may be charged within the first six months.

X. Warranty and Complaints

1. The warranty period for our devices is 12 months and covers only proven manufacturing defects.
2. Complaints must be submitted in writing within 8 days of receipt of the goods.
3. At the contractor’s discretion, replacement delivery or price reduction will be provided.
4. Warranty services do not extend the original warranty period.
5. In the event of justified complaints, the contractor shall, at their discretion, either rectify the defect (repair) or deliver a replacement.
   If the client refuses the rectification or replacement, they are entitled to withdraw from the contract (rescission) or demand a reduction in the purchase price (reduction).
   Liability for consequential damages is excluded.
6. The contractor may refuse to remedy defects as long as the client does not properly fulfill their contractual obligations.

XI. Retention of Title

1. Ownership remains with the contractor until full payment has been made.
2. Pledging or assignment by way of security is not permitted.
3. Claims arising from the resale of goods subject to retention of title are assigned to the contractor.

XII. Place of Performance and Jurisdiction

1. The place of performance for all claims is Sonsbeck.
2. Only German law shall apply.
3. The place of jurisdiction is the competent court for Sonsbeck.
4. If the contractor acts as the plaintiff, they are entitled, at their discretion, to bring an action before the court having jurisdiction at the client’s place of business.