§1 ** Scope of Application **
These General Terms and Conditions govern all contracts, deliveries, and services between:
Hilwee GmbH
Rathausstrasse 57
51570 Windeck
Germany
Tel.: +49 2292 68100 4
E-Mail:
GTC@hilwee.eu
reffered to as “the company” and the customer, unless otherwise agreed upon in writing.
§2 Offers and Conclusion of Contract
All offers made by the Company are non-binding. Orders placed by the customer are subject to acceptance by the Company. We reserve the right to reject or cancel any order at any time and for any reason.
§3 Export Controls and Sanctions Commitment
We reserve the right to request a duly signed and stamped End-Use Certificate.
The Buyer shall not sell, transfer, export, re-export, transship, or otherwise make available, directly or indirectly, any goods, technology, software, or services received from the Seller to any individual, entity, jurisdiction, or for any end-use that is restricted, prohibited, or requires prior authorization under applicable national and international export control laws, regulations, or economic sanctions regimes, including but not limited to those of the United Nations, the European Union, the United States, and the country of the Buyer or Seller.
Any redirection, diversion, or unauthorized onward transfer of the Seller’s products, technology, or services to third parties or to destinations subject to export restrictions or sanctions is strictly prohibited.
Any breach of applicable export control or sanctions laws and regulations may result in severe penalties.
This clause shall survive and remain enforceable notwithstanding the expiration, termination, or completion of the contractual relationship.
§4 Delivery Times
Delivery times are non-binding and represent our best estimates. We shall not be liable for delays or non-fulfillment caused by circumstances beyond our control.
§5 Liquidated Damages
We do not accept any claims for liquidated damages.
§6 Prices and Payment Terms
Unless otherwise stated, prices are in Euro excluding applicable VAT.
Payments are due as agreed in writing.
§7 Customer’s Right of Cancellation
B2B orders are generally non-cancellable and non-returnable.
§8 Company’s Right of Cancellation
We reserve the right to cancel any order at our discretion, including but not limited to the following circumstances:
- Governmental restrictions, actions or orders
- Force Majeure
- Supply chain disruptions or transportation issues
- If we are unable to obtain authorization for your payment
- If the ordered product is out of stock or has been discontinued
- If the order is suspected of fraudulent activity
In such event, you will be notified in writing and any advcance payment made for the canceled order will be fully refundend.
The company shall not be liable for any failure to fulfil its obligations, including the delivery of products, if such failure is caused by any event beyond our reasonable control. To the fullest extent permitted by applicable law, the company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, or data, arising out of or in connection with the cancellation of your order.
§9 Delivery and Shipping
Unless otherwise agreed, delivery is EXW (ex-works) Germany.
Freight costs and risks are borne by the customer.
§10 Certificates
If certificates (e.g., Certificate of Origin or Test Certificates) are required, please inquire before ordering.
Not all certificates are available.
Additional charges may apply.
§11 Warranty and Liability
Statutory warranty rights apply. We accept no liability for improper use, installation, or normal wear and tear.
Warranty is limited to the defective part itself and excludes consequential losses.
Claims require substantiated evidence (e.g., expert reports).
§12 Applicable Law and Jurisdiction
All legal relationships are governed by German law.
Place of jurisdiction is the registered office of Hilwee GmbH.
§13 Severability Clause
If any provision is held invalid, the remainder shall remain in full force and effect.
§14 Changes to the GTC
Changes require written form. Hilwee GmbH reserves the right to update these GTC at any time without notice.
