Repair Terms and Conditions

General Terms and Conditions for Repair Services
of Sennheiser / Neumann products

(Issued: September 2024)

The following general terms and conditions (hereinafter referred to as "Terms and Conditions") govern the repair and maintenance of your professional Sennheiser audio and/or Neumann products by Sennheiser Group. Sennheiser Group means Sennheiser electronic SE & Co. KG, Am Labor 1, 30900 Wedemark, Germany including its direct or indirect subsidiaries ("Sennheiser"/"we"). Your contractual partner within Sennheiser for the services according to these Terms and Conditions depends on your country of residence and is specified in Annex 1 on a country-by-country basis. For repairs under the Sennheiser manufacturer warranty your contractual partner is always Sennheiser electronic SE & Co. KG.

1. Scope of application

1.1 These Terms and Conditions apply to all orders placed by you (hereinafter also referred to as "Customer") with Sennheiser for maintenance, repair, overhaul, storage and other services and work of the Sennheiser products specified in section 1.2 of these Terms and Conditions as well as preparatory work therefore, such as inspections and cost estimates (hereinafter referred to as "Service Work") in the countries as specified in section 1.3 of these Terms and Conditions.

1.2 These Terms and Conditions cover the Service Work for the Sennheiser professional audio products listed on https://spares.sennheiser.com/catalog and the Neumann products listed on https://spares.sennheiser.com/catalog/neumann (each of the websites referred to as “Repair Portal”). For any Sennheiser consumer audio products please contact Sonova Holding AG https://www.sennheiser-hearing.com

1.3 We conduct Service Works for the countries listed in Annex 1. If your country is not listed in Annex 1, please contact our Customer service https://en-de.sennheiser.com/service-support-contact who will help you to find the right contact for repair and maintenance services in your country. A list of Sennheiser country partners is also available on https://www.sennheiser.com/en-de/support/service-partners-worldwide.

1.4 Our products are covered by a limited manufacturer's warranty. The warranty conditions are available at: https://www.sennheiser.com/warranty-conditions . For Service Works within the limited warranty these Terms and Conditions shall apply additionally as far as applicable.

1.5 The Service Work is offered to both consumers and entrepreneurs. A consumer is every natural person who enters into a legal transaction for purposes that predominantly are outside the consumer’s trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal personality who or which, when concluding the contract, acts in exercise of their trade, business or profession.

1.6 Conflicting, additional or deviating terms and conditions shall not apply unless we have agreed to their validity in writing.

1.7 Rights to which we are entitled under the statutory provisions or mandatory statutory provisions shall remain unaffected.

1.8 These Terms and Conditions shall apply in the version valid at the time the order for the Service Work is placed.


2. General Information / Conclusion of Contract


2.1 The Customer must select their product (hereinafter referred to as "Serviceable Product") and service type on the Repair Portal. A selection of Service Works for multiple products is possible. Thereafter, the Customer can submit an order to conduct the Service Work (hereinafter referred to as "Service Work Order"). We will confirm the receipt of the Service Work Order immediately (hereinafter referred to as "Confirmation of Receipt"). The Confirmation of Receipt is for informational purposes only and does not constitute a binding acceptance of the Service Work Order. The contract on the Service Work (hereinafter referred to as "Service Work Contract") is only concluded once we have sent an order confirmation to you or commenced the Service Work.

2.2 We offer two types of Service Work depending on the product concerned: Service Work for which the prices are fixed (hereinafter referred to as "Flat Rate Repair") or Service Work for which a cost estimate is required (hereinafter referred to as "Estimate Repair").

2.3 We offer a Flat Rate Repair for certain products as stated on the Repair Portal. If a Service Work Order is placed for a Flat Rate Repair, we will perform the Service Work upon receipt of the Serviceable Product.

The Flat Rate Repair covers the costs of carrying out Service Work as specified in the description of the respective Flat Rate Repair, including labor, spare parts, and return shipping. In addition, it also includes minor serviceable items such as clips, switches, and sockets. In order to repair the Serviceable Product, it is essential that the Serviceable Product sent to us is complete and no parts are missing. The Flat Rate Repair does not apply in case of any modification or manipulation of the products by the Customer or any third party on behalf of the Customer.

2.4 If you place an order for an Estimate Repair, we prepare a cost estimate after the service center has received the Serviceable Product and send it by e-mail within 5-7 working days to the Customer's address specified in the Service Work Order. If the costs for carrying out the Service Work are below the fee for the inspection as specified in the Repair Portal (currently EUR 49,00 or the equivalent in your local currency, referred to as “Minimum Flatrate”), we will carry out the Service Work without providing a cost estimate upfront.

The cost estimate is only a non-binding professional calculation of the expected repair costs including return shipping costs. If you accept our offer, the Service Work Contract will be concluded. If we do not receive any feedback from you within 30 days or if you refuse the repair, we will return the Serviceable Product to you unrepaired at your expense and risk. In addition, we will charge you the Minimum Flatrate. The same applies if you revoke Service Work Order in good time based on your right of revocation (see section 3 of these Terms and Conditions).

If the Service Work requires labor and/or spare parts that are not already specified in the cost estimate and the actual repair costs are expected to be more than 20% higher than the initial cost estimate, Sennheiser will obtain your consent to carry out this Service Work as part of a revised cost estimate before the additional costs are actually incurred. If you do not give your consent, Sennheiser is entitled to return the Serviceable Product to you and charge the Minimum Flatrate.

2.5 When conducting the Service Work we undertake best efforts to remedy the defect or conduct the services as specified in the Service Work Order. We can at our discretion repair, restore or replace defective individual parts with spare parts or, if reasonable for technical or economic reasons fully replace the Serviceable Product. If we exchange individual parts or fully replace the product, we acquire ownership of the removed or replaced individual part or product. We will dispose of any defective parts or products. Please note that you will not receive such parts or products back.

2.6 The Service Work we offer on our website is non-binding and does not constitute an offer to conclude a contract. We reserve the right to make technical and other changes to the website within the scope of what is reasonable.

If, despite proper and professional execution of the Service Work, the cause of the defect cannot be found or if the Service Work cannot be carried out successfully because the necessary spare parts are not available or cannot be procured by us and these circumstances were not recognizable to us when the Service Work Contract was concluded, we are not obliged to carry out the Service Works. In this case we send the Serviceable Product back in its then current state or, at your request, we will dispose of the Serviceable Product. Except for the case that no defect can be found there will be no charge for you. In case no defect can be found, we will charge you the Minimum Flatrate.

3. Consumer's right of withdrawal

3.1 If the Customer is a consumer, he is entitled to a right of withdrawal. The conditions and legal consequences of the right of withdrawal are specified in the following right of withdrawal.

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us

Sennheiser electronic SE & Co. KG
Am Labor 1
30900 Wedemark
Germany
Email: services@sennheiser.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the attached sample withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We will bear the cost of returning the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

End of the Right of withdrawal

3.2 The right of withdrawal expires when we have provided the Service Works completely. This only applies if we have started with the Service Works after you have given your express consent to do so and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfillment of the Service Work Contract by us.

4. Submission of the products

4.1 After the Confirmation of Receipt, you have to send the Serviceable Product to the address specified in the Confirmation of Receipt.
You are responsible for organizing the shipment of the Serviceable Product to us. You bear the shipping costs unless specified otherwise in section 4.2. below.


4.2 In the countries [Austria, Belgium, Denmark, France, Germany, Ireland, Luxembourg, Netherlands, Norway, Slovenia, Sweden, Switzerland, United Kingdom] we will provide you with a return label by email. You must print it out and hand over the Serviceable Product to the transport company specified on the return label. In this case, the return label is prepaid and we will bear the costs. Please note that if you send the Serviceable Product in any other way, this is done at your own risk and expense. Parcels sent to us freight collect (unfrei) will not be accepted.

5. Remuneration and terms of payment

5.1 The prices for the Service Works are based on our price list valid and published in the Repair Portal on the day the Service Work Order is placed. For Flat Rate Repairs the prices are fixed, for Estimate Repairs the prices are on a time and material basis.

All prices include the applicable statutory value added tax.

5.2 We will issue an invoice to you after the Service Works have been conducted.

Customers who do not have a trade account with Sennheiser must pay before the return shipment of the products. We will send you a proforma invoice by email including payment instructions. The payment period is 14 days after receipt of the proforma invoice. After we have received the payment, we will return the products to you. You will then receive a final invoice for tax purposes by email.

For entrepreneurs who have a trade account with Sennheiser, the agreed payment terms apply.

5.3 If the Customer does not respond within 60 days after submission of the proforma invoice, we will contact the Customer to inform them that Sennheiser assumes that the Customer assigns the Serviceable Product to Sennheiser. Should the Customer not respond within 30 days after this contact, Sennheiser may dispose of the Serviceable Product.

5.4 You shall only be entitled to set-off if your counterclaims have been legally established by a court of law or are undisputed or have been acknowledged by us in writing.

5.5 You can only exercise a right of retention if the claims result from the same contractual relationship.

6. Return

6.1 After the Service Work has been completed, we will send the Serviceable Product to the delivery address specified in the respective Service Work Order.


6.2 We return the Serviceable Product to you after payment in accordance with section 5.2. If you already have existing credit terms with us, we may return the Serviceable Product to you before payment together with an invoice to be paid according to the agreed payment terms.

7. Warranty

7.1 A failed repair does not constitute a defect if, despite proper and professional execution of the repair, we are unable to determine the cause of the defect and/or the repair cannot be carried out due to non-existent spare parts and/or spare parts that cannot be procured by us and the above facts were not recognizable to us at the time of acceptance of the Service Work Order. This shall not apply if the failure to determine the cause of the defect and/or the inability to procure necessary spare parts is due to gross negligence, intent, or a breach of essential contractual obligations (cardinal obligations) for which we, our executives or vicarious agents are responsible.

7.2 In all other respects, the statutory warranty rights apply.

8. Statute of limitation

8.1 Claims of the Customer due to any defective Service Work become statute-barred within one year after acceptance of the Service Work carried out if you are a consumer and within 6 months if you are an entrepreneur.

8.2 The above-mentioned restriction of the statutory limitation period shall not apply to claims if the defect is due to gross negligence, intent, or a breach of essential contractual obligations (cardinal obligations) for which we are responsible and/or in the event of injury to body, life, health and freedom by us, our executives or vicarious agents.

9. Guarantee and warranty for repaired products

Sennheiser voluntarily grants a warranty for the repaired Serviceable Product, including spare parts, for 6 months period after the Serviceable Product has been returned to the Customer. If the same fault occurs within this period, Sennheiser commits to repair it free of charge, ensuring the Customer's satisfaction and confidence in the repair. This applies in addition to the rights you have as a consumer.

10. Liability

10.1 If Service Work is required that is due to faults in individual parts that are not original components of the Serviceable Product, or that is due to damage resulting from misuse or incorrect use or external influences, Sennheiser reserves the right to return the Serviceable Product without providing repair and maintenance services and to charge the Minimum Flatrate. Sennheiser is not liable for damage caused by unauthorized modifications, repairs or spare parts that do not originate from Sennheiser. In the event of damage, Sennheiser will obtain your consent for any additional costs incurred for the service, even if the product is covered by a warranty. If you do not agree, Sennheiser may return your Serviceable Product to you in a damaged condition without repair and assumes no liability.

10.2 We shall be liable without limitation for damages resulting from the breach of a guarantee, from defects fraudulently concealed by us or from injury to life, limb or health. The same applies to liability under the Product Liability Act as well as to liability for damage caused intentionally or through gross negligence. We shall only be liable for damages caused by slight negligence if essential contractual obligations are violated. Essential to the contract are those obligations which make the proper execution of the contract possible in the first place and on the fulfillment of which the Customer therefore relies on and may rely. In the event of a breach of such obligations, our liability shall be limited to the foreseeable damage typical for the contract. A mandatory legal liability for product defects remains unaffected.


10.3 Any further liability for damages than provided for in this clause 10 is excluded – regardless of the legal nature of the asserted claim.

10.4 Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, employees, representatives and vicarious agents.

10.5 The above provisions do not lead to a change in the burden of proof to your detriment.

11. Data backup

Sennheiser is aware that your data is important to you. Repair or maintenance can always lead to data loss. In some cases, data cannot be restored or is deleted or reformatted during the Service Work. Therefore, it is your responsibility to back up the data, software and/or programs on your Serviceable Product and to decide whether you want to delete certain data from your Serviceable Product before the service. Sennheiser is not liable for the loss, restoration or corruption of data, software or programs or for any loss of use of equipment or other accessories caused by Sennheiser services. You confirm that your Serviceable Product does not contain any unlawful files or data, and that your Serviceable Product may be shipped by a carrier to a third-party service provider for repair or maintenance. We recommend that you back up of your Serviceable Product and delete all data on it before handing it over to service.

12. Privacy

Sennheiser collects, processes and uses your personal data for the purpose of providing the Service Works under these Terms and Conditions. Sennheiser protects your personal data in accordance with Sennheiser’s Privacy Policy, available at https://www.sennheiser.com/en-de/privacy-policy.

13. Applicable law

To the extent permitted by law contracts incorporating these Terms and Conditions are subject to the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods are not applicable. For consumers, the law of the country in which the consumer is domiciled shall apply to the extent required by law.

14. Place of jurisdiction

If the Customer is an entrepreneur, all current and future disputes and claims arising from or in connection with this contractual relationship shall be subject to the exclusive jurisdiction of the courts in Hannover/Germany and, at our discretion, the Customer’s general place of jurisdiction. In all other cases, we or the Customer may bring an action before any court having jurisdiction by law.

15. Severability clause

If any provision of these Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.


Sample withdrawal form

If you want to withdraw from the contract, please fill out this form and send it back.

To:
Sennheiser electronic SE & Co. KG
Am Labor 1
30900 Wedemark
Germany

Email: services@sennheiser.com