GENERAL TERMS AND CONDITIONS FOR BUSINESS CUSTOMERS OF Mitsubishi Heavy Industries Thermal Transport Europe GmbH (hereinafter called MTTE)



1. General

1. The following terms and conditions apply to all offers and all delivery, installation and repair orders with us including consultations and additional services.
2. Conflicting or deviating from these terms and conditions, terms and conditions, in particular terms and conditions of purchase, are not acknowledged by us. Maintaining silence about General Terms and Conditions of the customer shall not apply in any case as consent, in particular, the provision of the contractual services does not constitute any tacit consent with the General Terms and Conditions of the customer.
3. All contractual agreements must be made in writing or can be confirmed by email. We are entitled to accept the purchase offer made via the offer of contract in the online shop. We will confirm receipt of the order immediately by email to the customer's communicated email address. The confirmation of receipt does not constitute a binding acceptance of the order, but a declaration of acceptance can be connected with the confirmation of receipt. The contract is concluded subject to correct and timely delivery from our suppliers. This only applies in the event that the non-delivery is not due to our fault, in particular at the conclusion of a congruent coverage transaction with a supplier. The customer will be informed of the non-availability of the services immediately by email; any possibly already received consideration will immediately be refunded.

4. Offers are subject to change without notice on principle. A contract only becomes binding with our confirmation in writing.
5. If we register orders for credit insurance and if an order is not accepted by the insurer, we shall have the right to withdraw from the contract without the customer being able to assert any rights. We have this right even after conclusion of the contract if it is determined that the customer is not creditworthy. Our right of withdrawal does not apply if the customer pays in advance.
6. We retain the sole ownership and copyright to cost estimates, drawings and other documents. These documents may not be made available to third parties, not even excerpts thereof, with the exception of authorities. Upon request, all the documents are to be returned insofar as they are not legitimately required. Statistical calculations are performed only at the request of the customer and only against special remuneration.
7. Insofar as "businessmen" are mentioned in the following, this term refers within the context of the General Terms and Conditions to:
a) Persons who act in the exercise of their commercial or independent professional activities (entrepreneurs) upon the conclusion of the contract
b) Legal persons governed by public law
c) Legal entities under public law

II. Delivery and unloading

8. If nothing else is agreed, delivery takes place from our company free on truck or rail.
9. The unloading has to be done by the customer promptly and properly. The delivery time is to be agreed.
10. If the unloading at contractual delivery is not possible for reasons for which we are not responsible, the customer has to immediately determine what should be done with the delivery.
11. Insofar as no specific shipping type has been agreed, we shall determine the type of shipment, and in particular including the type of delivery vehicle. We are entitled to partial deliveries.

12. In the case of self-collection, the customer shall bear the responsibility for the selection of the means of transport and the transport-secure fastening of the load. When commissioning a carrier or freight forwarder, it is the responsibility of the customer to obligate the carrier or forwarder accordingly.
13. The customer has the right to claims against us due to obvious damage (including shipping damage) at the time of delivery only if the damage listed on the acknowledgement of receipt cites the precise position information, number of pieces and dimensions.

III. Delivery Date and Delivery Times, Delays

14. Delivery dates and delivery periods shall be stated in writing. The observance of delivery dates and delivery deadlines requires the clarification of all technical details as well as provision of necessary permits, documents, etc.
15. Delay in delivery does not apply if a time limit or deadline is exceeded caused by force majeure or other unavoidable or unforeseeable circumstances or by strike or lockout in our company or a company working for us. We will immediately inform the customer about the circumstances mentioned in sentence 1. If the causation cases referred to in sentence 1 occur, the delivery times shall be extended accordingly. If an extension is unreasonable for the customer in this context and partial deliveries are of no interest to him, he has the right to withdraw from the contract if the contract has not yet been fulfilled. If the delivery is impossible due to the circumstances referred to in sentence 1, we can withdraw from the contract if this has not yet been fulfilled. The withdrawal is to be declared in writing in any case.

16. In case of delay in delivery, the customer must provide us in writing with a reasonable period of grace with the note that he shall refuse to accept the delivery item after the expiry of the period. After unsuccessful expiry of the grace period, the customer is entitled to withdraw from the contract by means of a written declaration. Any damage caused by delay will be replaced only in cases of intent or gross negligence unless an essential contractual duty is violated or there is mandatory liability due to injury of life, body or health. With regard to businessmen within the meaning of sub-clause 7, compensation for damages caused by the delay is limited for each full working week of the delay to 0.5 % and a total of up to a maximum of 5% of the value of the affected (partial) delivery. In the case of delivery delays by up to one hour, claims for damages are excluded, including in cases of gross negligence. We are not liable either if the delivery delay is based on circumstances that we or our vicarious agents cannot influence or predict (e.g. traffic jams, technical defects, traffic accidents, etc.). In the event that claims against third parties as cause of the delay can be exercised, we already now assign any claims against these third parties to the customer.
17. If the customer does not accept the delivery items and/or planning documents sent or offered to him, we can withdraw from the contract after a reasonable period of grace and demand damages amounting to at least 15% of the net price insofar as the customer does not prove a lower damage.

IV. Assumption of Risk

18. The risk of accidental loss or accidental deterioration is transferred to the customer with the completion of the loading work on or in the case of self-collection with handover to the customer.

If the dispatch of the delivery item is delayed for reasons for which the customer is responsible, the transfer of risk takes place when the goods are ready for dispatch.

V. Prices and Terms of Payment

19. The agreed prices apply plus the respectively applicable value added tax. Unless otherwise agreed, the prices are ex works free loading. If the delivery takes place according to list prices, the valid price lists at the time of conclusion of the contract apply. In addition, the contents of the services to be provided by us for the agreed prices are determined more precisely by the price lists valid at the time of conclusion of the contract.
20. Load boards, pallets, transport anchors and other loading materials are invoiced. The charges are credited back to the customer if he returns them to us undamaged and free of freight charges within four weeks.
21. When changes are made to the underlying conditions at conclusion of the contract, we are entitled to reasonable compensation for the wage, material and other cost increases.
22. The invoices are payable immediately without deduction. Payments shall only be valid with receipt by us or on our account. If the customer does not have any clear payment provisions, we are entitled to demand the transfer of the payment at our discretion.
23. Bills of exchange are only accepted after special agreement and only on account of performance under calculation of all costs and expenses thereby incurred. Bank transfers and cheques only apply as payment with their redemption.

24. All outstanding receivables are due if the customer is in arrears with the payment of an invoice, he ceases his payments, insolvency proceedings are opened over his assets or the opening of such proceedings is refused due to lack of assets or circumstances become known that give rise to justified doubts regarding the creditworthiness of the customer.
25. We are entitled to demand payment from businessmen within the meaning of sub-clause 7 of interest in the amount of the credit costs to be paid by ourselves, but at least 8% above the base interest rate in accordance with Section 247 of the German Civil Code (BGB); the assertion of further damages is reserved.
26. We shall be entitled to request security deposits at any time in accordance with Section 648a of the German Civil Code (BGB). We are also entitled to additional advance payments or security deposits if the customer does not pay invoices on time, but in any case at delay in payment by the customer.
27. The customer may only offset undisputed or legally determined counter-claims. A waiver of the above provision cannot be derived from the acceptance of further orders.
28. A right of retention can only be exercised in the case of undisputed or validly determined counter-claims, which are based on the same contractual relationship. The same applies to the exercise of the right of reduction.

VI. Security Interest

29. The delivered goods remain our property up to the complete fulfilment of all present and future claims against the customer, irrespective of the legal basis and even in the case of payments by cheque or bill of exchange until their redemption, including if the price is paid for specific deliveries. In the case of a running account, the reserved property is considered security for the balance claim.
30. The customer is to maintain the delivery items properly until the transfer of ownership.
31. The customer is entitled to process the delivered items in standard business transactions, to connect, rent or resell them provided that the security interests laid down in the following provisions are effectively justified.
32. The customer shall already now assign the amount of the value of the material to us to secure the fulfilment of all and future claims that we have against him, irrespective of the legal basis, even all future claims arising from the resale or further processing of the delivery item with all ancillary rights, with priority over all others and without any special declaration of assignment. We accept this assignment.
33. If delivery items or the things produced from them become essential parts of the property of a third party and the customer acquires claims for such that he receives for his services, he already now transfers these claims with all ancillary rights to us with priority over all others in an amount equal to the value of the concerned delivery items. The same applies to a balance claim at agreement on current accounts. We accept this assignment.

34. Insofar as explicitly requested by us, the defaulting customer is to inform his debtors of the assignment, provide us with the information necessary for the assertion of the assigned rights, and hand over the necessary documents for this.
35. At the request of the customer, we are obliged to retransfer to the extent that the value of the given security exceeds the amount of our demands by more than 20%. The "value of delivery" within the meaning of the above provisions is the same as in the respective invoice price plus 20%.
36. Our above-mentioned security interest shall not be affected by partial payments of third parties to the customer for the assigned claims, including by payments on interim invoices. The security interest is enforced in full for the respective residual claim of the customer in accordance with the foregoing provisions.
37. The customer may neither pledge as security nor transfer ownership as collateral of delivery items subject to retention of title. Notification of any seizures carried out on the initiative of third parties is to be given immediately.

VII. Material Defects and Claims for Damages

38. In contracts for used delivery items, which do not involve a consumer within the meaning of Section 13 of the German Civil Code (BGB), material and legal defects as well as claims for damages are excluded to the extent permitted by law. Warranty claims of the customer require that the customer has fulfilled his inspection requirements and his requirement to make a complaint in respect of a defect immediately on receipt of goods pursuant to Section 377 of the German Commercial Code (HGB).
39. Otherwise, claims for defects shall not exist in the case of only insignificant deviation from the agreed quality, of only minor impairment of usefulness, of natural wear and tear or damage arising after the transfer of risk as a result of faulty or negligent handling, excessive strain, unsuitable equipment, defective construction work, unsuitable building ground or due to special external influences, which are not provided for in the contract.
40. If the customer or a third party makes improper modifications or repair work, there shall likewise be no claims based on defects as consequences thereof.
41. Technical changes and changes in shape, colour and/or weight are permitted within reasonable limits. Deviations, changes or tolerances within DIN standards represent only an insignificant deviation from the agreed quality.
42. Samples or test specimens as well as specifications in catalogues, price lists and technical data sheets are only non-binding indications or descriptions in accordance with the preceding sub-clauses.
43. If the delivery object is set up on foundations or base plates prepared on-site, the customer is responsible for ensuring that the facilities constructed on-site are properly prepared to support the delivery object. If this is not the case, the further procedure is to be agreed between the contracting parties. The extra charges that we incur as a result are to be borne by the customer.
44. Notification of obvious defects, wrong deliveries, incorrect or excessive quantities is to be given in writing without undue delay. Notification of a defect and assertion of justified claims are to take place in any case before processing, connecting or mixing and within the statutory period of limitation for material defects. Non-obvious defects are to be reported immediately after their discovery in writing, at the latest before expiration of the statutory period of limitation for material defects.
45. We must be given the opportunity to examine the defect ourselves and/or by experts appointed by us and to eliminate it insofar as this is desired. This shall not apply only if there is danger in delay and immediate measures need to be taken. Optionally, subsequent fulfilment by delivery of a defect-free item may be requested.

46. If the subsequent fulfilment fails, the customer may – without prejudice to any claims for damages in accordance with the following sub-clause 48 – withdraw from the contract or reduce the payment.
47. Claims of the customer due to the expenses required for the purpose of subsequent performance, in particular transport, travel, labour and material costs, are excluded to the extent that expenses increased because the delivery object was subsequently brought to a location other than the premises of the buyer or the agreed place of delivery, unless the transfer corresponds to its intended use.
48. Statutory recourse claims of the customer against us shall exist only to the extent that the customer concluded any agreements with his purchaser going beyond the statutory claims for defects. The foregoing sub-clause also applies for the scope of the right of recourse of the customer against us.
49. Any claims for damages and reimbursement of expenses of the customer (referred to in the following as claims for damages), regardless of the legal reason, including infringement of duties arising in connection with the contract or tort, shall be excluded. This does not apply where liability is mandatory, e.g. under the Product Liability Act, in cases of wilful intent, gross negligence, due to injury of life, body or health, or due to the breach of essential contractual obligations. The claim for damages for the violation of essential contractual obligations is, however, limited to the foreseeable damage typical of the contract, unless caused by intent or gross negligence or due to injury of life, body or health. A change in the burden of proof to the disadvantage of the customer is not connected with any of the above provisions.
50. The above provision also applies to claims for damages based on material defects.
51. Any more far-reaching or other claims by the customer due to a material defect against us or our vicarious agents are excluded.
52. Claims for material defects become statute-barred after 12 (twelve) months. This does not apply if the law pursuant to Subsections 438 (1) no. 2 (buildings and materials for buildings), 479, (1) of the right of recourse and 634 a (1) no. 2 (construction defects) of the German Civil Code (BGB) prescribes longer periods as well as in cases of injury to life, body or health, in case of intentional or grossly negligent breach of duty on our part, and in case of fraudulent concealment of a defect.
53. The above conditions under VII shall apply mutatis mutandis in case of defects of title.

VIII. Installation and Repair Work

54. The provisions of this section shall also apply for installation and repair work.
55. All installation and repair work will be carried out professionally; however, we reserve the right to necessary and appropriate deviations from the order. We are entitled to commission special workshops with special work. The machines and aggregates are equipped with the safeguards required by trade associations at the time of delivery, and electro-technical equipment complies with the applicable VDE regulations at the time of delivery.
56. Disassembled and parts, which have been replaced, become our property without compensation.
57. The vehicles made available to us for installation or repair of refrigeration systems must be roadworthy. We are entitled to carry out test and transportation drives.
58. At work outside of our premises, the customer is to secure the workplace at his expense in favour of our staff and third parties. Secondary work, such as the creation of insertion openings, masonry, installation and electrical work, inter alia, are to be carried out by the customer at his cost prior to the commencement of our work.

59. The customer acknowledges that the parts supplied by us are not an integral part of the vehicle or building, but instead that these can be separated again without damage and change.
60. We have a contractual right of lien based on our claims from repair orders for objects that have come into our possession due to an order. The contractual right of lien can also be asserted due to claims from previously performed work, spare part deliveries and other services insofar as they are related to the subject matter of the contract. For other claims from the business relation, the contractual right of lien applies only to the extent that these claims are uncontested or a legally enforceable title exists and the order object belongs to the customer.

IX. Advisory Service

61. Technical advice is not a subject of the delivery contract. There is no advice relationship either due to the providing of information sheets or technical instructions.
62. However, if advice is provided in exceptional situations, we assume that the customer has the basic knowledge customary in the industry.
63. Advice is provided exclusively based on the information given by the customer. We are not obliged to verify this information (of to determine it ourselves).

64. We are liable only if we provide advice in writing and this advice was only used for our own products. If our employees or persons authorised by us provide instructions in processing or operating the delivery item, or if faults occur in the course of our processing or operation assistance, this activity – unless otherwise stated – refers solely to the general processing or operating of the delivered items as well as to the checking of the products sold by us. A liability for the proper processing and the production of the final product by the customer is thus not justified.

X. Data Privacy

65. We collect, store and use personal data (name, address, email, telephone, bank account) of the customer and/or the contact person at the customer for the purpose of processing of the concluded contract relations, including the handling of complaints and any other transactions. The processing of these data is required for these purposes. In the case of non-provision of information, execution of the contract is not possible.
66. The data are stored for the duration of the business relationship and beyond, as long as statutory retention periods, legal claims arising from the contractual relation may be asserted or other legitimate reasons justify a further storage.

67. The following remedies are available to the customer as a natural person in connection with data processing based on the statutory provisions: the right to information about the data concerning him, correction, deletion or restriction of the processing or objection to the processing, data portability as well as bringing a complaint to a supervisory authority.
68. For the assertion of the foregoing legal remedies and if you have any questions regarding the processing, our data protection officer can be reached at our postal address and email address: info@mhi-tte.com. More information about the protection of personal data provided to us by the customer is accessible at the internet address: https://www.mhi-tte.de/datenschutz.

XI. Applicable Law and Place of Jurisdiction

69. German law applies. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

70. For all documents, the German version shall prevail.

XII. Place of Performance and Legal Venue

71. The place of fulfilment for the delivery of the subject matter of the contract is Osnabrück.
72. For all present and future claims from the business relationship with businessmen, including claims from bills of exchange and cheques as well as tort claims, Osnabrück is agreed as place of jurisdiction. However, we are entitled to sue the customer at his business location.

73. Osnabrück is also the place of jurisdiction if the buyer has no general place of jurisdiction in Germany, his residence or usual place of residence is moved from Germany, or his residence is not known at the time of the filing a complaint.

GENERAL TERMS AND CONDITIONS AND INSTRUCTIONS ACCORDING TO THE DISTANCE SELLING ACT (FERNABSG) FOR PRIVATE CUSTOMERS (CONSUMERS) OF THE Mitsubishi Heavy Industries Thermal Transport Europe GmbH (hereinafter called MTTE)



Clause 1 Area of Validity

1. The following General Terms and Conditions (GTC) apply to the sale of goods to consumers by Mitsubishi Heavy Industries Thermal Transport Europe GmbH, Hannoversche Straße 49, 49084 Osnabrück, phone (0541) 80005-0, email info@mhi-tte.com, VAT. ID. DE318621245, tax identification number 6620066449.
2. A consumer is every natural person, who concludes a legal transaction for a purpose, which can be attributed neither to his commercial nor freelance professional work.
3. Customer within the meaning of these General Terms and Conditions are exclusively consumers.

4. Our terms of sale shall apply exclusively; any terms of the customer that are contrary to or differing from our sales conditions are not valid unless we have expressly agreed to their validity in writing. Our sales conditions also apply if we are aware of conditions of the customers being contrary to or deviating from our sales conditions, but still carry out the delivery to the customer without reservation.

Clause 2 Contract Conclusion

1. By placing an order, the customer makes a binding declaration that he wishes to acquire the ordered goods. MTTE is entitled to accept the contract offer contained in the order. MTTE will confirm receipt of the order immediately by email to the customer's communicated email address. The purchase contract is concluded if MTTE accepts your order through delivery of the goods or by sending an order confirmation in text form within 14 (fourteen) days after receipt of the order.
2. MTTE offers are subject to change without notice. Technical changes and changes in shape, colour and/or weight are permitted within reasonable limits. Only the information contained in the declaration of the acceptance is binding.
3. The customer is obliged to inform MTTE without undue delay of any deviations between the order and the confirmation and/or declaration of the acceptance.

4. The contract is concluded subject to correct and timely delivery from our suppliers. This only applies in the event that the non-delivery is not due to our fault, in particular at the conclusion of a congruent coverage transaction with our supplier. The customer will be informed of the non-availability of the services immediately; any possibly already received consideration will immediately be refunded.

Clause 3 Reservation of Title

1. MTTE reserves the title to the goods until full payment of the purchase price.
2. As long as the purchase price has not been paid in full, the customer is obliged to:
a) Treat the goods with care
b) Inform MTTE immediately of any third party access to the goods, for instance in the event of a seizure, as well as any damage to the goods or their destruction
c) Inform MTTE immediately of a change in ownership of the goods as well as his own change of address

3. MTTE is entitled if the customer acts in breach of contract, in particular in case of default in payment or the violation of one of the obligations referred to in number 2, to withdraw from the contract and to demand the return of the goods.

Clause 4 Right of Cancellation for Consumers

Cancellation policy You have the right to withdraw from this contract within 14 (fourteen) days of conclusion without the need for explanation. The cancellation period is 14 (fourteen) days from the day on which you, or any third party who is named by you and is not the carrier, takes possession of the last partial shipment or the last piece. In order to exercise your right of cancellation, you must notify us

Mitsubishi Heavy Industries Thermal Transport Europe GmbH
Hannoversche Straße 49
49084 Osnabrück
Telephone: 0541/80005-0
Fax: 0541/80005-250
Email: info@mhi-tte.com

with a clear explanation (for example with a letter sent by postal mail, fax or email) about your decision to cancel this agreement. You may use the attached example cancellation form for this, but it is not compulsory. You can fill out and submit the sample cancellation form electronically or another clear statement on our website (www.mhi-tte.com). If you make use of this possibility, we will immediately (e.g. by email) send you confirmation about the receipt of such cancellation of order.
In order to observe the deadline for cancellation, it is sufficient to send notification stating that you wish to exercise your right of cancellation before expiry of the cancellation period.

Consequences of cancellation
If you cancel this contract, we have to refund all payments we have received from you, including shipping charges (except for additional costs arising if you choose a method of shipping different from the most cost-efficient standard delivery offered by us) immediately and at the latest within fourteen days from the day we receive the notice of cancellation. For the refund, we will use the same payment method which you applied in the original transaction unless expressly agreed otherwise with you; under no circumstances will you be charged a fee for this refund.
We may refuse to make the refund until the goods have been returned to us, or until you have provided evidence that you have shipped the goods, whichever comes first.
You must ship back or deliver the goods to us without undue delay and in any event no later than fourteen days from the date on which you notify us that you are withdrawing from this contract. The deadline is met if you ship the goods before the expiry of the fourteen-day period.
You bear the direct costs of the return shipment of the goods. You only need to pay for any loss in the value of the goods if this loss in value is the consequence of any handling of the goods other than that which is necessary for testing their condition, characteristics and functions.

Exclusion of the right of cancellation
The right of cancellation does not apply to contracts:
- For the delivery of goods that are not prefabricated and whose production is subject to an individual selection or provision by the consumer or which are clearly customised to the personal needs of the consumer
- For the supply of goods that can spoil quickly or whose expiration date was exceeded quickly
- For the delivery of sealed goods, which are not suitable for return for reasons of health or hygiene if their seal is removed after delivery
- For the supply of goods, which are inseparably mixed with other goods due to their nature after delivery
- or the supply of alcoholic beverages, whose price was agreed at the time of conclusion of the contract, but can be delivered no earlier than 30 (thirty) days after the conclusion of the contract and their current value depends on market fluctuations over which the entrepreneur has no influence
- For the delivery of audio or video recordings or computer software in a sealed envelope if the seal was removed after the delivery
- For the delivery of newspapers, journals and magazines with the exception of subscription contracts

Clause 5 Remuneration and Shipping Costs

1. The offered purchase price is binding. The purchase price includes the statutory value added tax applicable at the time of the order. Any further applicable taxes and duties (in particular import and export taxes) are to be paid by the customer. If applicable, the customer is previously to obtain information about this or contact us.
2. In addition to the purchase price, delivery and shipping costs will be charged, the amount of which can be viewed under delivery and shipping costs.

3. In the case of the exercise of an existing right of cancellation, you have to bear the costs of the return shipment.

Clause 6 Delivery Time and Transfer of Risk

1. MTTE delivers the goods in accordance with the agreement concluded. If a delivery date is agreed with the customer, MTTE shall comply with this deadline to the best of its ability. MTTE is entitled to provide partial services and to invoice them to a reasonable extent.
2. If MTTE is temporarily prevented from delivering the purchased object or from providing the contractually owed performance within the agreed period due to operational disturbances, strikes, lockouts, official orders or other cases of force majeure at MTTE and/or its suppliers, this period shall be extended by the duration of the impediment. MTTE shall inform the customer without undue delay of the impediment and its expected duration in this case. If the impediment lasts longer than four weeks, both parties have the right to withdraw from the contract.

3. The risk of accidental loss or accidental deterioration of the sold goods is only transferred to the buyer at delivery of the goods to the buyer, including in the case of a sales shipment. If the buyer is in delay with the acceptance of the thing sold, the transfer is considered as having taking place anyway.

Clause 7 Warranty

1. MTTE warrants that the delivered goods are without defects that reduce the value or suitability for ordinary use or use in accordance with the contract. An insignificant reduction of the value or the suitability for use by customer or slight or technically unavoidable deviations in quality, colour, size, facilities, weight or design shall not be taken into account.
2. MTTE warrants for a period of 24 (twenty-four) months from the date of delivery that the delivery items are free of defects according to the current state of technology. Liability for normal wear and tear is excluded. In the case of second-hand goods, the warranty period is 12 (twelve) months from the date of delivery.
3. Notification of obvious defects is to be given in writing at the latest within two weeks after receipt of the delivery, whereby for period keeping the punctual dispatch suffices for this purpose; otherwise, all claims due to defects shall be excluded.

4. In warranty cases, the consumer has the choice to assert a right of rectification of the defect or delivery of defect-free goods (subsequent performance) at his discretion. If the selected type of subsequent performance is connected with disproportionately high costs or a disproportionately high amount of work, the claim shall be limited to the respectively remaining type of subsequent performance. More far-reaching rights, in particular the cancellation of the purchase contract or the reduction of the remuneration, can only be asserted after a reasonable period of time for subsequent performance, in the case of subsequent performance failing twice, or after refusal of subsequent performance by MTTE.
5. If the customer is to receive money back as a result of warranty, goodwill or statutory regulations, MTTE shall refund the customer this amount. The customer is not entitled to a return of the direct debit or offsetting.

Clause 8 Limitations of Liability

In all cases where MTTE is obligated to pay compensation for damages or reimbursement due to contractual or legal bases for claims, liability only applies insofar as MTTE is guilty of intent or gross negligence or is responsible for injury to life, body or health.

It does not affect strict liability pursuant to the Product Liability Act. Liability also remains unaffected for culpable violation of essential contractual duties; however, the liability is limited to foreseeable, contract-typical damage except in the case of sentences 1 and 2. A change in the burden of proof to the disadvantage of the customer is not connected with any of the above provisions.

Clause 9 Data Privacy

1. We collect, store and use personal data (name, address, email, telephone, bank account) of the customer and/or the contact person at the customer for the purpose of processing of the concluded contract relations, including the handling of complaints and any other transactions. The processing of these data is required for these purposes. In the case of non-provision of information, execution of the contract is not possible.
2. The data are stored for the duration of the business relationship and beyond, as long as statutory retention periods, legal claims arising from the contractual relation may be asserted or other legitimate reasons justify a further storage.
3. The following remedies are available to the customer as a natural person in connection with the data processing based on the statutory provisions: the right to information about the data concerning him, correction, deletion or restriction of the processing or objection to the processing, data portability as well as bringing a complaint to a supervisory authority.

4. For the assertion of the foregoing remedies and if you have any questions regarding the processing, our data protection officer can be reached at our postal address and email address: info@mhi-tte.com. More information about the protection of personal data provided to us by the customer is accessible at the internet address: https://www.mhi-tte.de/datenschutz.

Clause 10 Final Provisions

1. The law of the Federal Republic of Germany applies. The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not apply.
2. If the customer has no general place of jurisdiction in the Federal Republic of Germany or his domicile or habitual residence is not known at the time of filing a complaint, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of MTTE.
3. Should any provision of this Agreement with the customer including these General Terms and Conditions be or become wholly or partially void or invalid, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic success comes as close as possible to the invalid provision.
4. In the event of a provision loophole, the parties shall agree on a provision that helps to enforce the entire contents of the contract according to recognizable party will.

Example cancellation form
If you want to cancel the contract, then fill out this form and send it to us.
To
the Firm
Mitsubishi Heavy Industries Thermal Transport Europe GmbH,
Hannoversche Straße 49,
49084 Osnabrück,
Fax 0541/80005-0,
Email: info@mhi-tte.com
I/we hereby cancel the contract concluded by me/us (*) concerning purchase of the following goods (*)/provision of the following service (*):
Ordered on (*)/received on (*)
Name of the end user(s)
Address of the end user(s)
Signature of the end user(s) (only at communication on paper)
Date
(*) Cross out inapplicable.
The cancellation form can be downloaded here: Download Cancellation (PDF, 15 kb)

Version 01.09.2018