HIK GmbH

Terms and Conditions
Stand 06/2023

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1. Validity

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Our general terms and conditions apply exclusively; we do not recognize any conflicting, deviating, or additional conditions of the purchaser unless we have expressly agreed to these conditions in writing.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? We hereby expressly object to the reference to the customer's standard terms and conditions and the customer's referral to third-party standard terms and conditions. In particular, we object to the subsidiary applicability of clauses and standard terms and conditions referred to by the customer.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Our general terms and conditions apply to all legal claims of the buyer, regardless of the legal basis.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Our general terms and conditions apply even if we provide our services without reservation in the knowledge of conflicting or supplementary clauses.
I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. Our general terms and conditions apply in relation to entrepreneurs, legal entities under public law, and special public funds.

2. Contracting Parties

I'm sorry, but I need a text to translate. Please provide me with a text in order to proceed with the translation. The contracting party of HIK GmbH is exclusively the purchaser who placed the order and to whom the order confirmation has been issued.
I'm sorry, but I need more context or information in order to provide a translation. Please provide the text you would like me to translate. The HIK GmbH provides its services only for the purchaser mentioned in the offer or order confirmation. Liability towards third parties not explicitly named as the purchaser in the offer or order confirmation is hereby expressly excluded.

3. Telephone and verbal information

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Telephone and verbal information are legally non-binding.
I'm sorry, but I need more context or information to provide a translation. Could you please provide the text you would like me to translate into English? For binding information, the potential buyer must specify the items to be delivered in writing (e.g. dimensions, characteristics, special requirements) and also provide the requested quantities and delivery details (desired delivery time, type of shipment, transfer of risk) in writing, as otherwise a reliable assessment is not possible.

4. Offer, reservations, characteristics

I'm sorry, but I need a text to translate. Please provide me with a text in the language you want me to translate to English. All offers from HIK GmbH are subject to change without notice.
I'm sorry, but I need more context or information in order to provide a translation. Please provide the text you would like me to translate into English. The offers of HIK GmbH are expressly subject to the condition of self-supply. HIK GmbH undertakes to inform the purchaser immediately of the non-availability and to refund any consideration already received without delay.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The HIK GmbH expressly reserves the right to prior sale in all offers. HIK GmbH undertakes to inform the buyer immediately about the non-availability that has occurred and to refund any consideration received promptly.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The offers are made subject to the condition that the purchaser is accepted as insurable by the trade credit insurer.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The HIK GmbH reserves the right to errors and typos in written offers.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. If the offer is provided with a validity period, the offer expires if it is not accepted within the deadline.
I'm sorry, but I need a text to translate into English. Please provide me with the text you would like me to translate. If an order is placed after the expiration of the offer period, HIK GmbH is not obligated to accept this order. In particular, the delivery deadlines and prices mentioned in the expired offer are no longer valid.
I'm sorry, but I need a text to translate into English. Please provide me with the text you would like me to translate. Catalog goods are only offered with the characteristics apparent in the catalog and from the data sheets for the respective product, whereby the data sheets reflect the relevant technical state of the characteristics for the offer. HIK GmbH reserves the right to make technical changes. The use and suitability for a specific purpose are not part of the offer.
i. If an order is placed based on a first sample to be produced and the purchaser then grants approval of the first sample, the characteristics shall be based on the approved first sample.
I'm sorry, but I cannot provide a translation without any text to work with. Please provide the text you would like me to translate into English. The purchaser is responsible for ensuring compliance with the relevant standards, regulations, and legal requirements when using the delivered item further.

5. Order Confirmation

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The contract with HIK GmbH is concluded upon receipt of the written order confirmation under the conditions stated in the order confirmation.
I'm sorry, but I need more context or information in order to provide a translation. Please provide the text you would like me to translate into English. If no order confirmation is created, the content of the contract is determined by the offer of HIK GmbH.

6. Change of order, cancellation

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? A change to the order will only be effective if confirmed in writing by HIK GmbH.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? With the change of the order, the original delivery time loses its validity.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The purchaser is not entitled to cancel the order. HIK GmbH may insist on acceptance of the ordered goods and payment of the full purchase price despite a cancellation by the purchaser.

7. Prices and costs, advance payment, security deposit

I'm sorry, but I need a text to translate. HIK GmbH is entitled to request advance payment. In particular, new customers will only be supplied after advance payment.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? In foreign transactions, the purchaser must either make a prepayment or provide a documentary letter of credit without a payment deadline at the discretion of HIK GmbH.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The prices mentioned in the offers and order confirmations are net prices EX WORKS, without packaging, without postage, without insurance, without customs duties, and without shipping costs.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Packaging, shipping, loading, and unloading costs as well as possible customs, taxes, and fees are to be borne by the buyer.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. Unless otherwise agreed, the purchaser is also responsible for the costs of freight insurance.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The purchaser bears the applicable and applicable value-added tax.
I'm sorry, but I need a text to translate into English. Please provide me with the text you would like me to translate. The HIK GmbH is granted the right to adjust prices if the purchase price of the HIK GmbH changes compared to the time of submitting the offer due to unforeseen new, additional, changed duties, charges or comparable costs. Evidence must be provided by the HIK GmbH through the submission of auditable documents. The HIK GmbH is granted the right to adjust the price of the affected delivery items accordingly or to cancel the order. In the event of cancellation by the HIK GmbH, the purchaser waives any possible claims for damages against the HIK GmbH. In the event of a price adjustment, the purchaser is granted the right to terminate the contract.
I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The invoice amount is payable immediately upon receipt of the invoice without deduction. The purchaser is in default without further reminder if the agreed payment deadline is exceeded. If no separate payment deadline is agreed with the purchaser, the purchaser is in default 21 calendar days after receipt of the invoice. HIK GmbH is entitled to demand default interest from the purchaser at a rate of 9 percentage points above the base rate (as announced by the Deutsche Bundesbank) in transactions where no consumer is involved.
I. Payments are to be made without deduction to the supplier's paying office.
I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The HIK GmbH is entitled to execute or provide outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract:
    a) a deterioration of the financial situation is imminent,
    Please provide the text that you would like me to translate into English. the trade credit insurer reduces or cancels the limit for the buyer,
    Please provide the text that you would like me to translate into English. the customer only makes partial payments,
    I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. falls er mit seinen bisherigen Zahlungen in Verzug gerät oder if he defaults on his previous payments or
    I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? has stopped the payments.

7.1. Pricing for cables and wires

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. In the German cable industry, it is common practice to separately disclose the metal costs ("metal surcharge") due to the high metal content. Therefore, HIK GmbH is entitled to separately disclose the metal costs ("metal surcharge"). In international business transactions, HIK GmbH is free to offer full cost prices.
I'm sorry, but I need more context or information to provide a translation. Could you please provide the text you would like me to translate into English? Metal calculation Copper:
Unless otherwise agreed in writing, the net prices for "copper" include a copper basis of EUR 150 for 100 kg of copper. Excluded are underground cables: Cu basis 0 and telephone cables: Cu basis: €100.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The billing is based on the daily valid LME exchange rate, which is fixed daily in tons and US$. The conversion to kg and € is done daily based on the BFIX Frankfurt. For the cathode surcharges, we currently use the customary surcharges. In addition, 1.0% procurement and acquisition costs are charged.
I'm sorry, but I need some text to translate into English. Could you please provide me with the text you would like me to translate? Other metal surcharges (e.g. aluminum, nickel, lead) are handled in the same way as the copper billing. The values are based on our quotations. All metal surcharges are strictly net.

7.2. Minimum order value, surcharge

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. We are not obligated to accept orders where the net price is below 150 euros.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? For orders below the minimum order value, HIK GmbH reserves the right to apply a small quantity surcharge.

7.3. Freight and shipping costs

I'm sorry, but I need a text to translate. Please provide me with a text in the language you want me to translate to English. The delivery terms are based on the offer and the order confirmation.
I'm sorry, but I need more context or information to provide a translation. Could you please provide the text you would like me to translate into English? The costs for deliveries abroad are to be borne by the buyer and will be specified in the respective offer.

7.4. Packaging costs

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The shipping packaging will be charged for or provided on a loan basis. Delivery on Euro pallets is done on an exchange basis. One-way packaging and barrels will be charged for and cannot be taken back.

8. Delivery quantities

I'm sorry, but I need a text to translate. The delivery will be made as stated in our order confirmation. Partial deliveries are expressly acknowledged as permissible.

9. Return, return costs

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The buyer is not entitled to return goods that have been delivered free of defects.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? If HIK GmbH exceptionally agrees to take back delivered items, the condition of the goods must first be determined. For this purpose, the purchaser must return the delivered items to HIK GmbH at their own expense. Upon receipt, HIK GmbH will inspect the quantity and condition of the returned delivered items.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Taking into account the age and condition, HIK GmbH will make a buyback offer.
I'm sorry, but I need some text to translate into English. Please provide the text you would like me to translate. If the purchaser accepts the offer of return, HIK GmbH will either credit the repurchase price to the purchaser or pay it out.
I'm sorry, but I need a text to translate into English. Please provide me with the text you would like me to translate. If the purchaser does not accept the offer to take back the goods, they must pick up the goods offered by them at their own expense. If no collection takes place within one month despite a request, HIK GmbH is entitled to have the items in question scrapped and to invoice the purchaser.

10. Right to refuse performance, retention, set-off

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. The customer's right to refuse performance (defense of non-performance of the contract) is excluded to the extent that the customer is required to make advance payment or provide a letter of credit.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? Rights of retention according to § 273 of the German Civil Code (BGB) exist only for due and fully effective claims:
    a) either from the same order or
    Please provide the text that you would like me to translate into English. If the order is to be considered a continuation of previous contractual agreements, as far as these are undisputed or legally established.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Offsetting is only permissible with undisputed or legally established claims.
I'm sorry, but I need some text to translate into English. Could you please provide me with the text you would like me to translate? A due, in a legal dispute and ready for decision claim is equated with an undisputed claim.

11. Retention of title, objection to resale, consumption and processing, ownership of tools

I'm sorry, but I need a text to translate. Could you please provide me with a sentence or a paragraph to work on? The HIK GmbH reserves the right of ownership of the delivered goods until full and unconditional payment of the invoice amount for the respective delivered goods.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? HIK GmbH reserves ownership and copyright of all cost estimates, documents, information, drawings, and samples provided by HIK GmbH to the customer. Usage rights require prior written consent from HIK GmbH.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? HIK GmbH hereby objects to the resale, consumption, and processing before the full payment of the purchase price. This also applies in particular to the insolvency administrator of the purchaser.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? If an action by the purchaser leads to a loss of the reservation of ownership of HIK GmbH or if the return becomes impossible due to this action, this establishes a claim for damages against the purchaser. In addition to the purchaser, in the case of legal entities, the legal representatives are personally liable for damages.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The purchaser undertakes to inform HIK GmbH immediately about enforcement measures by third parties on the reserved goods. In addition, the purchaser must inform the third party about the retention of title.
I'm sorry, but I need a text to translate into English. Could you please provide me with the text you would like me to translate? The purchaser hereby assigns to HIK GmbH, in advance, as security until the purchase price claims have been fulfilled, the claims arising from the transactions with its customers in the event of further sale or rental of the reserved goods. HIK GmbH accepts these security assignments.
I'm sorry, but I need a text to translate into English. Please provide me with the text you would like me to translate. In the event of processing the reserved goods, their transformation, or connection with another item, HIK GmbH acquires immediate ownership of the newly produced item. This item is now considered as reserved goods.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. If the value of the security for the claims exceeds the open purchase price claims of HIK GmbH by more than 20%, HIK GmbH must, at the request of the purchaser and at the choice of HIK GmbH, release securities to a corresponding extent.
I. Unless the transfer of ownership of tools specifically manufactured or procured by the supplier for the production of goods to be delivered to the purchaser has been expressly agreed upon in writing, these tools remain the property of the supplier. Even if the purchaser fully reimburses the manufacturing costs for these tools, they do not acquire any right to ownership of the tools themselves.

12. Delivery time, delivery delay

I'm sorry, but I need a text to translate. Could you please provide me with a sentence or a paragraph to work on? All information regarding the delivery date is approximate. Exceeding an approximate date does not lead to maturity or delivery delay.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide me with the text you would like me to translate into English? The HIK GmbH is also entitled to make partial deliveries. The HIK GmbH is not in default with regard to the timely partial deliveries.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The delivery deadline has been met with the timely handover to the carrier.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The maturity of the delivery is only brought about by setting a reasonable deadline. The deadline must be set in writing.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The HIK GmbH is only in default if a reminder is sent after the due date of the delivery. The reminder must be in writing.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. In cases of force majeure (see clause 19), the delivery deadlines will be extended accordingly.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. If delivery cannot be made because HIK GmbH itself has not been supplied, HIK GmbH is entitled to withdraw from the contract with regard to the affected delivery items. In this case, the purchaser's claims are limited to the refund of any payments made by the purchaser. Further claims of the purchaser are excluded in the event of non-delivery to HIK GmbH.

13. Place of Performance, Transfer of Risk

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Place of performance is the registered office of HIK GmbH in 64760 Oberzent, Germany.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? With the notification of readiness for dispatch or handover to the carrier, HIK GmbH has fulfilled its services.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Unless otherwise stated in the order confirmation, delivery is agreed "ex works".
I'm sorry, but I need more context or information in order to provide a translation. Please provide the text you would like me to translate into English. The risk of accidental loss or deterioration passes to the buyer upon delivery to the carrier in the case of a contract of sale involving shipment, unless otherwise agreed between the parties.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The purchaser is responsible for unloading at their own expense. If the purchaser does not carry out the unloading, they are in default of acceptance.

14. Warranty

14.1. Characteristics, assembly instructions, complaints about defects, warranty period

I'm sorry, but I need a text to translate. The delivered items are free from defects if they exhibit the properties listed in the data sheets and catalog or if they have been manufactured according to the initial sample approval.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? The purchaser is obligated to use only qualified and approved personnel for the assembly of the delivered items. During assembly, it is mandatory to follow the assembly instructions provided by HIK GmbH. The warranty does not cover delivered items that are installed in violation of the assembly instructions or by unqualified or unauthorized personnel. If the purchaser believes that the assembly instructions are incorrect or incomplete, the purchaser must inform HIK GmbH in writing about the alleged error or ambiguity and only proceed with the assembly after clarification.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The HIK GmbH cannot determine and verify the suitability for a specific intended use, environmental conditions, or the repercussions of an electrical system. Neither the suitability for a specific intended use nor the suitability for specific environmental conditions shall be part of the contract.
I'm sorry, but I need some text to translate into English. Please provide the text you would like me to translate. If recommendations are provided by HIK GmbH, this recommendation is made on the condition that the information provided by the purchaser has been complete and accurate, and no special circumstances need to be considered.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The purchaser shall immediately inspect the respective delivered item upon delivery and, if a defect is found, promptly raise a written complaint to HIK GmbH. The complaint must include the invoice number, the item number, the quantity affected, and each individual defect to be separately complained about. In the case of successive or partial deliveries, each delivery must be inspected and complained about separately.
I'm sorry, but I need a text to translate into English. Could you please provide me with the text you would like me to translate? The obligation to promptly inspect includes in particular checking the delivered items for their functionality and compliance with the data as specified in the data sheet and catalog or in the order confirmation.
I'm sorry, but I need a text to translate into English. Please provide me with the text you would like me to translate. The obligation to promptly inspect and complain applies to each individual processing step. If the purchaser fails to make a prompt complaint in the respective processing step, the delivered items are deemed approved.
I'm sorry, but I cannot provide a translation without any text to work with. Please provide the text you would like me to translate into English. The HIK GmbH hereby objects to all clauses that overload the obligation to inspect on the HIK GmbH. In practice, there is no possibility for the HIK GmbH to inspect in the respective processing steps anyway, as the HIK GmbH does not carry out further processing.
i. If the purchaser does not promptly raise an objection regarding defects, the delivered items are considered approved.
I'm sorry, but I cannot provide a translation without any text to work with. Could you please provide the text you would like me to translate into English? With the approval, all possible claims for subsequent performance and damages of the purchaser, regardless of the legal basis, are excluded.
Sure, please provide the text you would like me to translate. The warranty period is 12 months from the delivery of the respective delivered item.

14.2. Clarification of the technical situation, obligations of the customer to cooperate

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The purchaser is obliged to send sample pieces of the allegedly defective delivered items to HIK GmbH so that HIK GmbH can have them examined in a laboratory if necessary.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? In addition, the purchaser shall provide HIS HIK GmbH with access to the installation situation so that HIK GmbH can check the effects on the delivered items (heat, voltage, current strengths, rectifiers, fuses, etc.).
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The warranty is excluded if the purchaser violates the aforementioned obligations, unless HIK GmbH acknowledges the defectiveness of the delivered goods.

14.3. Arbitration Expert Agreement

I'm sorry, but I need a text to translate. If the parties cannot agree on whether the delivered items are defective or not, the parties agree that the disputed facts shall be legally bindingly decided by an arbitrator in accordance with §§ 317 et seq. of the German Civil Code.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide me with the text you would like me to translate into English? The arbitrator must be a publicly appointed and sworn expert.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? If the parties cannot agree on an arbitrator, each party can instruct the Chamber of Industry and Commerce (IHK) / Chamber of Foreign Trade (AHK) to appoint an arbitrator. The arbitrator appointed by the IHK / AHK can only be rejected if there are reasons for rejection similar to those for rejecting a judge in the person of the arbitrator. The costs of the arbitration are to be borne according to the outcome of the dispute.

14.4. Processing, credit, subsequent performance

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. As a rule, the purchaser requires replacement goods even before clarifying whether the delivered items were defective at all. In the cable industry, it is common practice to deliver replacement goods only against an invoice and to issue a credit note only after clarifying the situation and to the extent of the actual receipt of the removed goods. This procedure is due to the fact that the majority of the price is attributable to the installed metal, such as copper. HIK GmbH follows this general trade practice and only delivers replacement goods against an invoice.
Please provide the text that you would like me to translate into English. As a rule, the purchaser is interested in the replacement goods being delivered as quickly as possible. Therefore, HIK GmbH is also entitled to deliver similar delivery items from other manufacturers as replacement goods, which are technically considered identical.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Once the technical inspection of the complained delivery items and the environmental conditions is completed, HIK GmbH will inform the purchaser of the results of the inspections.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. If HIK GmbH considers the complaint to be justified, HIK GmbH will issue a credit note upon receipt of the complained about delivered goods to the extent of the receipt.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. For criticized goods that are not returned, no credit note can be issued. This regulation is due to the high value of the metal content (e.g. copper). Furthermore, in case of non-return, there is a rebuttable presumption that the delivered items are still being used.

14.5. Legal defects

I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? If the delivered items actually infringe the rights of third parties, HIK GmbH will, at its own discretion, either provide items that do not infringe the rights of third parties or enter into an agreement with the third party that allows the purchaser to use the delivered items as contractually intended.
I'm sorry, but I need more context or information in order to provide a translation. Please provide the text you would like me to translate into English. However, this obligation does not apply if the purchaser has caused the infringement of third-party rights by providing specifications to the supplier, has modified the delivered items in a way that infringes third-party rights, or if the infringement of rights arises from the use together with products not manufactured by the supplier, or if the purchaser has otherwise caused or is responsible for the infringement of rights (e.g. through incorrect advertising claims).
I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The purchaser is obligated to promptly inform HIK GmbH about the alleged infringement of rights.

14.6. Failure of subsequent performance, reduction, withdrawal from the contract

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The purchaser is only entitled to a reduction in price or to withdraw from the contract if subsequent performance has failed.
I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. The HIK GmbH is granted at least two attempts to remedy the defect.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? If the purchaser reduces the purchase price, he must demonstrate to what extent the usability of the delivered items is impaired by the alleged defect. If the usability of the delivered items is not impaired from a technical point of view, no reduction amount is to be applied.

14.7. Exclusion of liability for non-fault-based claims for damages

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. The HIK GmbH is not liable for non-fault-based damages, especially for lost profits, loss of use, or damages due to business interruption, due to a defective delivery or service.

14.8. Reimbursement of Expenses

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. The purchaser is only entitled to claim reimbursement of expenses if the subsequent performance has failed and HIK GmbH is at fault for the defectiveness of the delivered goods or the failure of the subsequent performance.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide me with the text you would like me to translate into English? If a defect-free subsequent performance has taken place, claims for reimbursement of expenses are excluded.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Compensation for expenses can only be claimed instead of damages in lieu of performance.
I'm sorry, but I need some text to translate into English. Please provide the text you would like me to translate. Vain expenses are only those that have become useless due to the defectiveness of the delivered items. This includes in particular only expenses that have been incurred in reliance on the delivery of a defect-free item.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Only costs that have been incurred after receipt of the order confirmation and have been definitively spent in vain are considered as reimbursable expenses.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The claim for reimbursement of expenses does not exist if the client expected or had to expect the non-receipt of the service.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The claim does not apply in particular to items that have been subject to the reservation of self-supply.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The claim for reimbursement of expenses also does not exist to the extent that the expenses are in clear disproportion to the service not provided. This applies in particular if the purchaser could have easily obtained comparable goods from competitors.
i. Claims for lost profit, loss of use, business interruption, and own work services are not covered by the reimbursement of expenses.
I'm sorry, but I cannot provide a translation without any text to work with. Please provide the text you would like me to translate into English. If the purchaser has derived a benefit from his expenses or could have derived one, the possible claim for reimbursement of expenses is to be reduced accordingly.

14.9. Damages instead of performance

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The purchaser must expressly set a reasonable deadline in writing for HIK GmbH to fulfill the order. Setting a deadline is only effective if the required service was due at the time of setting the deadline.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? The setting of a grace period must clearly and distinctly specify the requested performance and clearly indicate the end of the deadline. The appropriate grace period must take into account that the goods to be delivered usually still need to be manufactured.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The purchaser is not entitled to claim damages instead of performance for received defect-free partial deliveries.
I'm sorry, but I need some text to translate into English. Please provide the text you would like me to translate. If the purchaser has validly asserted the claim for damages instead of performance, the purchaser's claims for damages instead of performance are limited to the difference between a possibly higher purchase price of a replacement product of the same kind and quality from the same country of origin and the purchase price agreed upon in the order confirmation.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. Further claims by the purchaser due to financial losses of the purchaser resulting from non-delivery, especially for loss of use, business interruption, or lost profits, are not valid. This exclusion does not apply if HIK GmbH has caused the purchaser's damage intentionally or through gross negligence.
I'm sorry, but I need a text to translate into English. Please provide the text you would like me to translate. The aforementioned limitations of liability do not apply to claims for damages by natural persons due to injury or impairment of body, life, or health, as well as for non-waivable claims (liability law, product liability law).

14.10. Compensation for breach of duty

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. If HIK GmbH is responsible for the non-fulfillment or inadequate fulfillment of the delivery obligation, claims for loss of use, business interruption, or lost profits are excluded. This exclusion does not apply if HIK GmbH has caused the damage to the purchaser intentionally or through gross negligence.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? If HIK GmbH is not the manufacturer of the goods to be delivered, any fault of the manufacturer shall not be attributed to it.

15. Liability for damages not related to the delivered item itself

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. Claims for damages that do not occur to the delivered item itself exist against HIK GmbH only if HIK GmbH can be held liable for the occurrence of the damage due to gross negligence or intent.
I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. The purchaser is not entitled to damages if they did not inform HIK GmbH when placing the order that a high financial loss could occur in the event of a defective delivery. A high financial loss is understood to be an amount exceeding 50,000 EUR.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? Claims by the purchaser for financial losses, in particular for lost profits, production downtime, or business interruption, are expressly excluded.
I'm sorry, but I need some text to translate into English. Could you please provide me with the text you would like me to translate? The HIK GmbH is not liable for financial losses incurred by the purchaser as a result of claims made by third parties. In particular, HIK GmbH is not liable for damages resulting from the purchaser waiving the obligation to promptly inspect and complain to their customer, or assuming this obligation on behalf of their customer.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The potential damages claims of the purchaser are limited to 100,000 EUR in amount.
I'm sorry, but I need a text to translate into English. Could you please provide me with the text you would like me to translate? To the extent that the liability of HIK GmbH is excluded or limited, the liability exclusions and limitations also apply to the benefit of the authorized representatives of HIK GmbH, executive employees, employees, and agents acting on behalf of the company.
I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The aforementioned limitations of liability do not apply in cases of claims for death, bodily injury, impairment of health, or non-excludable claims (e.g. Product Liability Act, Liability Act).
I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The aforementioned limitations of liability and exclusions also do not apply if HIK GmbH can be held liable for the occurrence of the damage due to gross negligence or intent.
i. The statute of limitations for claims for damages that do not concern a defect or damage to the delivered item itself begins in accordance with the statutory provisions (§ 199 BGB) and, deviating from § 195 BGB, is one year. The one-year statute of limitations does not apply if claims are made for death, bodily injury, impairment of health, or claims under non-waivable provisions (e.g. Product Liability Act, Liability Act).

16. Framework agreements with obligation to purchase

I'm sorry, but I need a text to translate. Could you please provide me with a text to work on? If we have concluded a framework agreement with the customer including an obligation to accept goods and the customer has not placed the agreed call-offs within 12 months, we are entitled to deliver the agreed quantity of goods to the customer and invoice the quantity, even if the customer refuses to accept the goods.

17. Export, Export Control

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. The delivered goods are intended to remain in the delivery country agreed with the buyer. Goods subject to embargo regulations may not be exported from the agreed delivery country by the purchaser.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The purchaser hereby assures that they will independently comply with all export regulations and embargo provisions, especially German, European, and American export controls and embargo regulations. If the purchaser culpably violates this obligation, they shall indemnify HIK GmbH from all third-party claims, including possible fines, and also bear the costs of legal defense.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? It is the responsibility of the purchaser to independently inform themselves about relevant export and/or import regulations or restrictions and, if necessary, to obtain the corresponding permits at their own expense and at their own risk.

18. Disposal

I'm sorry, but I need a text to translate. Please provide the text you would like me to translate into English. To the extent required by law, the purchaser is obligated to dispose of delivery items falling under the ElektroG, BatterieG, or VerpackungsVO in accordance with all legal regulations. The purchaser is advised that when using individual components supplied by HIK GmbH, they become the manufacturer of electrical or electronic devices and therefore bear the aforementioned obligations themselves. The purchaser assumes, to the extent permitted by law, all related duties, such as payment, organizational, and reporting obligations.

Force Majeure

I'm sorry, but I need a text to translate. Could you please provide me with a text in the language you want me to translate to English? The non-compliance of deliveries or services by HIK GmbH due to force majeure, such as natural disasters, epidemics, war, armed conflicts, civil war, revolution, terrorism, sabotage, nuclear/reactor accidents, labor disputes, disruption of supply chains, disruption of logistics chains, increase in energy costs (e.g. electricity, gas) by more than 3 percent per year, or other events beyond the control of HIK GmbH, shall release HIK GmbH from its obligations during the duration of the event and the delivery time shall be extended accordingly.
I'm sorry, but I need more context or information to provide a translation. Could you please provide the text you would like me to translate into English? The HIK GmbH will inform the purchaser of the beginning and end of such circumstances as soon as possible.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? If the duration of the event exceeds a period of 3 months, HIK GmbH is also entitled to terminate the contract.

20. Language of the contract, applicable law, jurisdiction

I'm sorry, but I need a text to translate. Please provide me with the text you would like me to translate into English. The contract language is German, unless otherwise agreed.
I'm sorry, but I need more context or information in order to provide a translation. Could you please provide the text you would like me to translate into English? The legal regulations of Germany, with the exception of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG), apply to all claims arising from or in connection with deliveries and services of HIK GmbH, regardless of the legal basis.
I'm sorry, but I need a text to translate. Could you please provide me with the text you would like me to translate into English? The place of jurisdiction for all disputes arising from or in connection with deliveries or services of HIK GmbH is the registered office of HIK GmbH in 64760 Oberzent, Germany.