HIS Renewables GmbH
Siemensstraße 4
Germany - 64760 Oberzent
Phone. +49 (0) 60 68 / 93 14 400
Fax. +49 (0) 60 68 / 93 14 411
Email info@his-solar.de
HIS RENEWABLES GmbH
General Terms and Conditions of Business
Status 06/2023
Download GTC
1. Validity
a. Our General Terms and Conditions apply exclusively; we do not recognize any conflicting, deviating or supplementary terms and conditions of the customer unless we have expressly agreed to these terms and conditions in writing.
b. We hereby expressly object to any reference to the customer's clauses and to any reference by the customer to clauses of third parties. In particular, we object to the subsidiary validity of clauses and sets of clauses to which the customer refers.
c. Our General Terms and Conditions apply to all legal claims of the customer, regardless of the legal grounds.
d. Our General Terms and Conditions shall also apply if we provide our services without reservation in the knowledge of conflicting or supplementary clauses.
e. Our General Terms and Conditions apply in relation to entrepreneurs, legal entities under public law and special funds under public law.
2. Contractual partner
a. The contractual partner of HIS RENEWABLES GmbH is exclusively the customer who has placed the order and to whom the order placement has been confirmed.
b. HIS RENEWABLES GmbH shall only provide its services for the customer named in the offer or in the order confirmation. Liability towards third parties not named as customers in the offer or the order confirmation is hereby expressly excluded.
3. Telephone and verbal information
a. Telephone and verbal information is not legally binding.
b. For binding information, the potential customer must specify the delivery items in question in writing (e.g. construction dimensions, properties, 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 viable review is not possible.
4. Offer, reservations, properties
a. All offers from HIS RENEWABLES GmbH are non-binding.
b. The offers from HIS RENEWABLES GmbH are expressly subject to self-supply. HIS RENEWABLES GmbH undertakes to inform the customer immediately of the unavailability and to immediately refund any consideration already received.
c. HIS RENEWABLES GmbH expressly reserves the right to sell all offers prior to their conclusion. HIS RENEWABLES GmbH undertakes to inform the customer immediately of the unavailability that has occurred and to immediately refund any consideration already received.
d. The offers are made subject to the condition that the customer is accepted as insurable by the trade credit insurer.
e. HIS RENEWABLES GmbH reserves the right to make errors and typos in written offers.
f. If the offer is provided with a period of validity, the offer expires if it is not accepted within the period.
g. If an order is placed after the offer period has expired, HIS RENEWABLES GmbH is not obliged to accept this order. In particular, the delivery times and prices stated in the expired offer are no longer valid.
h. Catalog goods are only offered with the properties shown in the catalog and in the data sheets for the respective product, whereby the data sheets reflect the technical status of the properties relevant to the offer. HIS RENEWABLES 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 an initial sample to be produced and the customer then issues the initial sample approval, the properties are based on the approved initial sample.
j. The customer is responsible for ensuring compliance with the relevant standards, regulations and legal requirements when using the delivery item.
5. Order confirmation
a. The contract with HIS RENEWABLES GmbH is concluded upon receipt of the written order confirmation under the conditions stated in the order confirmation.
b. If no order confirmation is issued, the content of the contract is determined by the offer from HIS RENEWABLES GmbH.
6. Change of order, cancellation
a. A change to the order is only effective if it is confirmed in writing by HIS RENEWABLES GmbH.
b. If the order is changed, the original delivery time becomes invalid.
c. The customer is not entitled to cancel the order. Despite a cancellation by the customer, HIS RENEWABLES GmbH can insist on acceptance of the ordered delivery items and payment of the full purchase price.
7. Prices and costs, advance payment, security deposit
a. HIS RENEWABLES GmbH is entitled to demand payment in advance. New customers in particular will only be supplied after payment in advance.
b. For international transactions, the customer must, at HIS RENEWABLES GmbH's discretion, either pay in advance or provide a documentary letter of credit without a payment term.
c. The prices stated in the offers and order confirmations are net prices EX WORKS, without packaging, postage, insurance, customs clearance costs and shipping costs.
d. Packaging, shipping, loading and unloading costs as well as possible customs duties, taxes and fees are to be borne by the customer.
e. Unless otherwise agreed, the customer must also bear the costs of freight insurance.
f. The customer shall bear the applicable sales tax.
g. HIS RENEWABLES GmbH is granted the right to adjust the price if the purchase price of HIS RENEWABLES GmbH changes compared to the time the offer was submitted due to new, additional, changed customs duties, taxes or comparable costs that were not previously foreseen. HIS RENEWABLES GmbH must provide evidence of this by submitting verifiable documents. HIS RENEWABLES 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 HIS RENEWABLES GmbH, the customer waives any possible claims for damages against HIS RENEWABLES GmbH. In the event of a price adjustment, the customer is granted the right to withdraw from the contract.
h. The invoice amount is payable immediately after receipt of the invoice without deduction. The customer is in default without further reminder if the agreed payment deadline is exceeded. If no separate payment deadline has been agreed with the customer, the customer is in default 21 calendar days after receipt of the invoice. In the case of legal transactions in which no consumer is involved, HIS RENEWABLES GmbH is entitled to demand default interest of 9 percentage points above the base interest rate (announced by the Deutsche Bundesbank) from the customer.
i. Payments are to be made without deduction free of charge to the supplier's payment office.
j. HIS RENEWABLES GmbH is entitled to carry out or provide outstanding deliveries or services only against advance payment or provision of security if, after conclusion of the contract:
a) there is a risk of a deterioration in the financial situation,
b) the trade credit insurer reduces or cancels the limit for the customer,
c) the customer only makes partial payments,
d) falls into arrears with his previous payments or
e) has stopped payments.
7.1. pricing for cables and wires
a. In the German cable industry, it is common practice to show the metal costs (“metal surcharge”) separately due to the high metal content. HIS RENEWABLES GmbH is therefore entitled to show the metal costs (“metal surcharge”) separately. In international business transactions, HIS RENEWABLES GmbH is free to offer full cost prices.
b. Metal calculation for copper:
Unless otherwise agreed in writing, the net prices for “copper” include a copper basis of EUR 150 for 100 kg of copper. Excepted are underground cables: Cu basis 0 and telephone cables: Cu basis: € 100.
c. Billing is based on the daily LME stock exchange quotation, which is fixed in tons and US$ every trading day. The conversion into kg and € is carried out daily on the basis of the BFIX Frankfurt. For the cathode surcharges, we will use the usual market surcharges until further notice. In addition, 1.0% purchase and procurement costs will be charged.
d. Other metal surcharges (e.g. aluminum, nickel, lead) are handled in the same way as copper billing. The basis is the values from our offers. All metal surcharges are purely net.
7.2. minimum order value, surcharge
a. We are not obliged to accept orders where the net price is less than 150 euros.
b. For orders below the minimum order value, HIS RENEWABLES GmbH reserves the right to charge a small quantity surcharge.
7.3. freight and shipping costs
a. The delivery conditions are set out in the offer and the order confirmation.
b. The costs for deliveries abroad are to be borne by the customer and are specified in the respective offer.
7.4. packaging costs
a. Shipping packaging is charged or provided on loan. Delivery on Euro pallets is done on an exchange basis. Disposable packaging and disposable barrels are charged and cannot be returned.
8. delivery quantities
a. Delivery will be made as stated in our order confirmation. Partial deliveries are expressly permitted.
9. return, return costs
a. The customer has no right to return goods delivered without defects.
b. If HIS RENEWABLES GmbH agrees to take back delivery items in exceptional circumstances, the condition of the goods must first be determined. For this purpose, the customer must return the delivery items to HIS RENEWABLES GmbH at his own expense. HIS RENEWABLES GmbH will check the quantity and condition of the returned delivery items upon receipt.
c. Taking into account the age and condition, HIS RENEWABLES GmbH will make a return offer.
d. If the customer accepts the return offer, HIS RENEWABLES GmbH will either credit the customer with the return price or pay it out.
e. If the customer does not accept the return offer, he must collect the delivery items he has offered at his own expense. If the items are not picked up within one month despite a request, HIS RENEWABLES GmbH is entitled to have the items in question scrapped and invoiced to the customer.
10. Right to refuse performance, retention, offsetting
a. The purchaser's right to refuse performance (defense of non-fulfillment of contract) is excluded if the purchaser has to pay in advance or provide a letter of credit.
b. Rights of retention according to Section 273 of the German Civil Code (BGB) only exist for due and fully effective claims:
a) either from the same order or
b) if the order is to be regarded as a continuation of previous contracts, provided that these are undisputed or legally established.
c. Set-off is only permitted with undisputed or legally established claims.
d. A due claim that is the subject of a legal dispute and ready for decision is treated as an undisputed claim.
11. Retention of title, objection to resale, consumption and processing, ownership of tools
a. HIS RENEWABLES GmbH reserves ownership of the delivery items until the invoice amount for the respective delivery item has been paid in full and unconditionally.
b. HIS RENEWABLES GmbH reserves ownership and copyrights to all cost estimates, documents, information, drawings and samples that HIS RENEWABLES GmbH has made available to the customer. Rights of use require the prior written consent of HIS RENEWABLES GmbH.
c. HIS RENEWABLES GmbH hereby objects to the resale, consumption and processing before the purchase price has been paid in full. This also applies in particular to the customer's insolvency administrator.
d. If an action by the customer leads to the loss of the reserved property of HIS RENEWABLES GmbH or if the return becomes impossible due to this action, this gives rise to a claim for damages against the customer. In addition to the customer, the legal representatives of legal entities are personally liable for damages.
e. The customer undertakes to inform HIS RENEWABLES GmbH immediately of any enforcement measures taken by third parties against the reserved goods. In addition, the customer must inform the third party of the retention of title.
f. In the event of the reserved goods being resold or rented, the customer hereby assigns to HIS RENEWABLES GmbH the claims arising from transactions with its customers until the purchase price claims have been settled. HIS RENEWABLES GmbH accepts these security assignments.
g. If the reserved goods are processed, converted or combined with another item, HIS RENEWABLES GmbH immediately acquires ownership of the newly manufactured item. This is now considered to be reserved goods.
h. If the value of the security for the claims exceeds the outstanding purchase price claims of HIS RENEWABLES GmbH by more than 20%, HIS RENEWABLES GmbH must release securities to the corresponding extent at the request of the customer at the discretion of HIS RENEWABLES GmbH.
i. Unless the transfer of ownership of tools manufactured or procured by the supplier specifically for the manufacture of the goods to be delivered to the customer has been expressly agreed in writing, these tools remain the property of the supplier. The customer does not acquire any right to transfer of ownership of the tools themselves, even if the manufacturing costs for these tools are fully reimbursed.
12. delivery period, delay in delivery
a. All information on the delivery date is approximate. Exceeding an approximate date does not lead to a due date or a delay in delivery.
b. HIS RENEWABLES GmbH is also entitled to make partial deliveries. HIS RENEWABLES GmbH is not in default with regard to partial deliveries made on time.
c. The delivery deadline is met if the goods are handed over to the carrier on time.
d. The delivery is only due when a reasonable deadline is set. The deadline must be set in writing.
e. HIS RENEWABLES GmbH is only in default when a reminder is sent after the delivery is due. The reminder must be sent in writing.
f. In cases of force majeure (see section 19), the delivery deadlines are extended accordingly.
g. If delivery cannot be made because HIS RENEWABLES GmbH itself has not been supplied, HIS RENEWABLES GmbH is entitled to withdraw from the contract with regard to the delivery items concerned. In this case, the customer's claims are limited to the repayment of any payments made by the customer. Further claims by the customer are excluded in the event of failure to receive delivery itself.
13. place of performance, transfer of risk
a. The place of performance is the headquarters of HIS RENEWABLES GmbH in 64760 Oberzent, Germany.
b. HIS RENEWABLES GmbH has fulfilled its obligations upon notification of readiness for dispatch or handover to the freight carrier.
c. Unless otherwise stated in the order confirmation, delivery is agreed “ex works”.
d. Unless otherwise agreed between the parties, the risk of accidental loss or accidental deterioration passes to the purchaser upon handover to the freight carrier in the case of a sale by dispatch.
e. The purchaser must carry out unloading at his own expense. If the purchaser does not carry out unloading, he is in default of acceptance.
14. warranty
14.1. Properties, assembly instructions, notice of defects, warranty period
a. The delivery items are free of defects if they have the properties listed in the data sheets and the catalog or if they were manufactured in accordance with the initial sample approval.
b. The customer is obliged to only use qualified and approved specialist personnel to assemble the delivery items. During assembly, the assembly instructions of HIS RENEWABLES GmbH must be observed. The warranty does not extend to delivery items that are installed in violation of the assembly instructions or by unqualified or unapproved specialist personnel. If the customer believes that the assembly instructions are incorrect or incomplete, the customer must inform HIS RENEWABLES GmbH in writing of the alleged error or alleged ambiguity and only carry out assembly after clarification.
c. HIS RENEWABLES GmbH cannot determine or check the suitability for a specific purpose, the environmental conditions or the effects of an electrical system. Neither the suitability for a specific purpose nor the suitability for specific environmental conditions become part of the contract.
d. If HIS RENEWABLES GmbH makes recommendations, this recommendation is made with the proviso that the information provided by the customer was complete and correct in terms of content and that no special features had to be observed.
e. The customer must inspect the respective delivery item immediately after delivery and, if a defect is found, immediately submit a written complaint to HIS RENEWABLES GmbH. The complaint must include the invoice number, the article number and the quantity concerned and each individual defect must be reported separately. In the case of successive or partial deliveries, each delivery must be inspected and reported.
f. The obligation to inspect immediately includes in particular checking the delivery items for their functionality and compliance with the data in accordance with the information in the data sheet and catalog or in the order confirmation.
g. The obligation to inspect and report immediately applies to each individual processing step. If the customer fails to report immediately in the respective processing step, the delivery items are deemed to have been approved.
h. HIS RENEWABLES GmbH hereby objects to all clauses according to which the obligation to inspect is placed on HIS RENEWABLES GmbH. In fact, HIS RENEWABLES GmbH does not have the opportunity to inspect the respective processing steps anyway, as HIS RENEWABLES GmbH does not carry out further processing.
i. If the customer does not immediately raise a complaint about defects, the delivery items are deemed to have been approved.
j. With the approval, all possible claims for subsequent performance and damages by the customer, regardless of the legal basis, are excluded.
k. The warranty period is 12 months from delivery of the respective delivery item.
14.2. Clarification of the technical facts, the customer's obligation to cooperate
a. The customer is obliged to send HIS RENEWABLES GmbH samples of the allegedly defective delivery items so that HIS RENEWABLES GmbH can have them examined in a laboratory if necessary.
b. In addition, the customer must provide HIS RENEWABLES GmbH with access to the installation situation so that HIS RENEWABLES GmbH can check the effects on the delivery items (heat, voltage, current, rectifiers, fuses, etc.).
c. The warranty is excluded if the customer violates the aforementioned obligations, unless HIS RENEWABLES GmbH recognizes the defectiveness of the delivery items.
14.3. arbitration agreement
a. If the parties cannot agree on whether the delivery items are defective or not, the parties agree that the disputed matter should be decided by an arbitrator in a legally binding manner in accordance with Section 317 ff. of the German Civil Code (BGB).
b. The arbitrator must be a publicly appointed and sworn expert.
c. If the parties cannot agree on an arbitrator, either party can commission the Chamber of Commerce and Industry / AHK to appoint an arbitrator. The arbitrator appointed by the Chamber of Commerce and Industry / AHK can only be rejected if the reasons for rejection correspond to a judge's rejection in the person of the arbitrator. The costs of the arbitration report are to be borne after winning or losing.
14.4. processing, credit note, subsequent performance
a. As a rule, the customer needs replacement goods before it is clear whether the delivery items were defective at all. In the cable industry, it is therefore common practice to only deliver replacement goods against invoice and only issue a credit note after the facts have been clarified and to the extent that the removed goods have actually been received. The reason for this procedure is that the majority of the price is for the metal used, e.g. copper. HIS RENEWABLES GmbH follows this general commercial practice and only delivers replacement goods against invoice.
b. As a rule, the customer has an interest in having replacement goods delivered as quickly as possible. HIS RENEWABLES GmbH is therefore also entitled to deliver similar delivery items from other manufacturers as replacement goods that are technically identical.
c. As soon as the technical inspection of the delivery items in question and the ambient conditions has been completed, HIS RENEWABLES GmbH will inform the customer of the results of the inspections.
d. If HIS RENEWABLES GmbH considers the complaint to be justified, HIS RENEWABLES GmbH will issue a credit note for the amount received after receipt of the defective goods.
e. No credit note can be issued for defective goods that are not returned. This rule is due to the high value of the metal content (e.g. copper). In addition, if the goods are not returned, there is a rebuttable presumption that the goods are still being used.
14.5. legal defects
a. If the delivery items actually violate the rights of third parties, HIS RENEWABLES GmbH will, at its own discretion, either provide delivery items that do not violate the rights of third parties or enter into an agreement with the third party that allows the customer to use the delivery items in accordance with the contract.
b. However, this obligation does not apply if the customer has caused the violation of third party rights by providing instructions to the supplier, has modified the delivery items in such a way that the rights of third parties are thereby violated, or the violation of rights only arises from use together with products that the supplier did not manufacture, or the customer has caused the violation of rights in some other way or is responsible for it (e.g. by providing inaccurate advertising information).
c. The customer is obliged to inform HIS RENEWABLES GmbH immediately about the alleged violation of rights.
14.6. Failure of subsequent performance, reduction, withdrawal from the contract
a. The purchaser is only entitled to a reduction in price or to withdraw from the contract if the subsequent performance has failed.
b. HIS RENEWABLES GmbH is granted at least two attempts at subsequent performance.
c. If the purchaser reduces the purchase price, he must explain to what extent the usability of the delivery items is impaired by the alleged defect. If the usability of the delivery items is not impaired from a technical point of view, no reduction amount is to be applied.
14.7. Exclusion of claims for damages regardless of fault
a. HIS RENEWABLES GmbH is not liable for any damages regardless of fault due to a defective delivery or service, in particular no damages for lost profits, loss of use or damages due to business interruption.
14.8. reimbursement of expenses
a. The customer is only entitled to claim reimbursement of expenses if the subsequent performance has failed and HIS RENEWABLES GmbH is at fault for the defectiveness of the delivery items or the failure of the subsequent performance.
b. If subsequent performance has been carried out without defects, claims for reimbursement of expenses are excluded.
c. Reimbursement of expenses can only be demanded instead of compensation for damages instead of performance.
d. Wasted expenses are only those that have become useless due to the defectiveness of the delivery items. This includes in particular only expenses that were incurred in reliance on the delivery of a defect-free item.
e. Reimbursement of expenses only includes costs that were incurred after receipt of the order confirmation and were ultimately spent in vain.
f. The claim for reimbursement of expenses does not exist if the customer expected or should have expected that the service would not be received.
g. The claim does not exist in particular for delivery items that were subject to the reservation of self-supply.
h. There is no claim to reimbursement of expenses if the expenses are clearly disproportionate to the service not provided. This applies in particular if the customer could have easily obtained comparable delivery items from competitors.
i. Claims for lost profits, loss of use, interruption of operations and own work are not covered by reimbursement of expenses.
j. If the customer has benefited from his expenses or could have benefited from them, the possible claim to reimbursement of expenses must be reduced accordingly.
14.9. compensation instead of performance
a. The customer must expressly grant HIS RENEWABLES GmbH a reasonable grace period in writing for subsequent performance. A grace period is only effective if the performance owed was due at the time the grace period was granted.
b. The grace period must clearly specify the performance required and clearly indicate the end of the period. The reasonable grace period must take into account that the delivery items usually still have to be manufactured.
c. The customer is not entitled to demand compensation instead of performance for partial deliveries received that are free of defects.
d. If the customer has legally asserted a claim for compensation instead of performance, the customer's claims for compensation instead of performance are limited to the difference between a possibly higher purchase price of replacement goods of the same type and quality from the same country of origin and the purchase price agreed in the order confirmation.
e. The customer has no further claims for financial losses due to the failure to deliver, in particular for loss of use, business interruption or lost profit. This exclusion does not apply if HIS RENEWABLES GmbH caused the damage to the customer intentionally or through gross negligence.
f. The aforementioned limitations of liability do not apply to claims for damages by natural persons due to injury or impairment of the body, life or health, or to mandatory claims (Liability Act, Product Liability Act).
14.10. compensation for breach of duty
a. If HIS RENEWABLES GmbH is responsible for the non-fulfillment of the delivery obligation or the poor fulfillment of the delivery obligation, claims for loss of use, interruption of operations or loss of profit are excluded. This exclusion does not apply if HIS RENEWABLES GmbH caused the customer's damage intentionally or through gross negligence.
b. If HIS RENEWABLES GmbH is not the manufacturer of the delivery items, the manufacturer's fault will not be attributed to it.
15. Liability for damages that do not concern the delivery item itself
a. Claims for damages against HIS RENEWABLES GmbH for damages that do not occur to the delivery item itself only exist if HIS RENEWABLES GmbH can be held responsible for the damage caused by gross negligence or intent.
b. The customer has no claim to damages if he did not inform HIS RENEWABLES GmbH when placing the order that a defective delivery could result in high financial losses. High financial losses are understood to be an amount that exceeds EUR 50,000.
c. Claims by the customer for financial losses, in particular for lost profits, loss of production or business interruption, are hereby expressly excluded.
d. HIS RENEWABLES GmbH is not liable for financial losses incurred by the customer as a result of claims made by third parties. In particular, HIS RENEWABLES GmbH is not liable for damages caused by the fact that the customer has waived the obligation to inspect and give notice of defects immediately or has assumed this obligation for his customer.
e. The customer's possible claims for damages are limited to EUR 100,000.
f. Insofar as the liability of HIS RENEWABLES GmbH is excluded or limited, the exclusions and limitations of liability also apply to the benefit of the authorized representative bodies of HIS RENEWABLES GmbH, the senior managers, employees, vicarious agents and assistants.
g. The aforementioned limitations of liability do not apply if claims are made due to death, personal injury, impairment of health or indispensable claims (e.g. Product Liability Act, Liability Act).
h. The aforementioned liability limitations and exclusions also do not apply if HIS RENEWABLES GmbH can be held responsible for the occurrence of the damage due to gross negligence or intent.
i. The limitation period for claims for damages that do not relate to a defect or damage to the delivery item itself begins according to the statutory provisions (Section 199 of the German Civil Code) and, in deviation from Section 195 of the German Civil Code, is one year. The limitation period of one year does not apply if claims are made due to death, personal injury, health impairments or claims under mandatory provisions (e.g. Product Liability Act, Liability Act).
16. framework agreements with purchase obligation
a. If we have concluded a framework agreement with the customer with an obligation to accept delivery and the customer has not made the agreed orders within 12 months, we are entitled to deliver the agreed delivery quantity to the customer and to invoice the delivery quantity, even if the customer refuses to accept the goods.
17. export, export control
a. The delivery items are intended to remain in the delivery country agreed with the buyer. Delivery items that are subject to embargo regulations may not be exported by the customer from the agreed delivery country.
b. The customer hereby assures that he will comply with all export regulations and embargo provisions, in particular German, European and American export controls and embargo regulations, on his own responsibility. If the customer culpably violates this obligation, he must indemnify HIS RENEWABLES GmbH from all claims by third parties, including possible fines, and also bear the costs of legal defense.
c. It is the customer's responsibility to inform himself about the relevant export and/or import regulations or restrictions and, if necessary, to obtain the relevant permits at his own expense and risk.
18. disposal
a. To the extent required by law, the purchaser is obliged to dispose of delivery items that fall under the ElektroG, BatterieG or the VerpackungsVO in accordance with all legal provisions on his own responsibility. The purchaser is advised that when using individual components that HIS RENEWABLES GmbH has supplied him, he is himself the manufacturer of the electrical or electronic devices and that the above-mentioned obligations therefore apply to him. The purchaser assumes, to the extent legally possible, all related obligations, e.g. payment, organizational and notification obligations.
19. Force Majeure
a. If the failure to comply with the deliveries or services of HIS RENEWABLES GmbH is due to force majeure, such as natural disasters, epidemics, war, armed conflicts, civil war, revolution, terrorism, sabotage, nuclear/reactor accidents, industrial disputes, disruption of supply chains, disruption of logistics chains, increase in energy costs (including electricity, gas) by more than 3 percent per year or other events that are outside the sphere of influence of HIS RENEWABLES GmbH, HIS RENEWABLES GmbH is released from its performance obligations for the duration of the event and the delivery time is extended accordingly.
b. HIS RENEWABLES GmbH will inform the customer of the start and end of such circumstances as soon as possible.
c. If the duration of the event exceeds a period of 3 months, HIS RENEWABLES GmbH is also entitled to terminate the contract.
20. Contract language, applicable law, place of jurisdiction
a. The contract language is German, unless otherwise agreed.
b. All claims arising from or in connection with deliveries and services of HIS RENEWABLES GmbH, regardless of the legal basis, are subject to the legal provisions of Germany, with the exception of the conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG).
c. The place of jurisdiction for all disputes arising from or in connection with deliveries or services of HIS RENEWABLES GmbH is the registered office of HIS RENEWABLES GmbH in 64760 Oberzent, Germany.