Hilwee GmbH & Co. KG
Rathausstrasse 57
51570 Windeck
Germany

Tel.: +49 2292 68100 4
E-Mail: 
hilwee@hilwee.eu
 

§1 ** Scope of Application ** 
 
These General Terms and Conditions govern all contracts, deliveries, and services between:
 
Hilwee GmbH & Co. KG
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 ** 
 
Our offers are non-binding. All orders placed are subject to acceptance by the company. We reserve the right to refuse or cancel any order for any reason, at any time. 
 
§3 ** Export Controls and Sanctions Commitment **
 
We reserve the right to request an End-Use-Certificate duly signed, stamped and printed on your letterhead. This is for customs due-diligences only, we guarantee not to contact your client in any manner.  
 
§4 ** Delivery Times **
 
Due to the current situation in the supply chain and logistics environment, delivery times may change. Stated delivery times in our offers and order confirmations are our best estimates. Consequently, we shall not be held liable for any delivery delays or inability to complete an order due to causes beyond our control. 
 
§5 ** Liquidated Damges **
 
We do not accept liquidated damages.
 
§6 ** Prices and Payment Terms **
 
Unless otherwiese stated, prices are in Euro and are net plus the statutory value-added tax where applicable. Payments are due as agreed in writing.
 
§7 ** Customer’s Right of Cancellation of Orders **
 
Business-to-Bussines “B2B” orders are generally non cancelable and non returnable.
 
§8 ** Company’s Right of Cancellation of Orders **
 
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 **
 
Delivery is ex our warehouse Germany, unless otherwise agreed in writing. Freight is to be handled at your own cost and risk, unless otherwise agreed in writing. 
 
§10 ** Warranty and Liability **
 
The statutory warranty rights apply. Liability for damages resulting from improper handling, installation or use is excluded. Warranty on Parts and Spare Parts applies only to the Part and Spare Part in question and is not valid for any occurring case of special, incidental, indirect or consequential damages of any nature to the plant, such as but not limited to loss of profit, loss of use of equipment, loss of power or claims from third parties, due to interruptions or to minimized performance of the equipment. Wear and Tear Parts and Operating Materials are excluded from Warranty. Warranty can only be claimed in the event of verifiable defects due to production errors by authorized inspection service companies and experts.
 
§11 ** Applicable Law and Jurisdiction **
 
The place of jurisdiction as well as these GTC and all legal relationships between Hilwee GmbH & Co. KG and the customer are subject to the laws of Germany.
 
§12 ** Severability Clause **
 
Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
 
§13 ** Changes to the GTC **
 
Changes or additions to these GTC require written form. Hilwee GmbH & Co. KG reserves the right to change these General Terms and Conditions at any time and without giving notice or reasons.
 
By placing an order with us, you acknowledge that you have read, understood, and agree to be bound by these General Terms and Conditions.
 
Imprint
GTC Last Updated: 28.06.2024 – Version 5.0.0