General Terms and Conditions (AGB)

1.1 These General Terms and Conditions ("AGB") apply to all repair, maintenance, diagnostic, warranty, and service-related activities provided by M3 Mobile GmbH, Am Holzweg 26, D-65830 Kriftel, Germany ("M3 Mobile"), through the M3 Mobile service portal.

1.2 These AGB apply exclusively to entrepreneurs, legal entities under public law, and special funds under public law within the meaning of § 310 (1) of the German Civil Code (BGB). The service portal is not intended for consumers.

1.3 By creating a service request, submitting an RMA, approving a quotation, or sending a product to M3 Mobile or an authorized M3 Mobile service center, the customer accepts these AGB.

1.4 Individual written agreements, signed service contracts, specific Service Package agreements, expressly agreed quotation terms, or individually agreed payment terms shall take precedence over these AGB in case of conflict.

2.1 Customers may use the M3 Mobile service portal to register products, check warranty status, create repair requests, receive quotations, monitor repair status, and communicate with M3 Mobile or authorized service centers.

2.2 The customer is responsible for providing complete and accurate information in the service portal, including but not limited to company details, contact person, return address, product model, serial number, error description, warranty documents, and any relevant supporting information.

2.3 A repair request is only accepted for processing after the customer has created a valid RMA request and the product has been received by M3 Mobile or the relevant authorized service center.

2.4 M3 Mobile may refuse, suspend, or delay processing if the submitted information is incomplete, incorrect, misleading, or if the product is sent without a valid RMA reference.

3.1 The basic warranty period provided by M3 Mobile is: 1 year for terminals; 6 months for accessories; 6 months for batteries.

3.2 Customers may verify the warranty status of a device by entering the serial number into the service portal. A green status indicates that the device is shown as being under warranty. A red status indicates that the warranty is shown as expired.

3.3 The warranty status displayed in the service portal is for information purposes and may be corrected if documentary evidence shows a different warranty status.

3.4 The warranty period is generally determined based on the purchase date or delivery date proven by invoice, delivery note, warranty certificate, or other acceptable documentation. If such documentation is unavailable, M3 Mobile may determine the warranty status based on internal production and shipment records, including a standard distribution period.

3.5 The customer is responsible for providing sufficient proof of warranty if the portal status is disputed.

4.1 In addition to the Basic Warranty, M3 Mobile may offer extended Service Packages, including 3-year and 5-year Service Packages.

4.2 The exact scope of each Service Package is determined by the applicable Service Package agreement, quotation, product documentation, or service policy valid at the time of purchase.

4.3 Unless otherwise agreed, the following general principles apply: Basic Warranty: 1 year terminal warranty, 6 months accessory warranty, 6 months battery warranty; 3-year Service Package: 3 years terminal warranty, 6 months accessory warranty, 1 year battery warranty; 5-year Service Package: 5 years terminal warranty, 6 months accessory warranty, 1 year battery warranty; Battery replacement is only included if expressly agreed as an optional contract item; Total Damage is excluded from all Service Packages.

4.4 Service Packages may include support for accidental breakage or user-induced damage to terminals, provided that such damage does not qualify as Total Damage and is not otherwise excluded under the applicable service terms.

4.5 Accessories and batteries are subject to separate warranty and service rules and are not automatically covered to the same extent as terminals.

5.1 Terminals and accessories may be recognized as Dead on Arrival ("DOA") if a defect is discovered and notified to an M3 Mobile representative within 2 months of receipt.

5.2 For validated DOA claims, M3 Mobile will support the repair or exchange process and the related shipping costs in accordance with M3 Mobile's DOA procedure.

5.3 M3 Mobile reserves the right to inspect the product before accepting a DOA claim. If the reported defect cannot be confirmed, or if the defect was caused by misuse, improper handling, unauthorized modification, or external damage after delivery, the claim may be rejected or processed as a paid repair.

5.4 DOA support may be provided by replacement, repair, or another appropriate remedy at M3 Mobile's reasonable discretion.

6.1 The customer must package the product safely and appropriately for transport. The packaging must be suitable to protect the product against shock, pressure, moisture, electrostatic discharge, and other normal transport risks.

6.2 The customer must clearly include the RMA reference with the shipment.

6.3 The customer must remove all SIM cards, SD cards, memory cards, security modules, accessories, labels not required for identification, and any other items not directly related to the reported defect.

6.4 The customer must remove passwords, device locks, MDM restrictions, PIN codes, and other access limitations where necessary for diagnosis and repair. If access is not possible due to missing credentials or restrictions, the repair may be delayed or refused.

6.5 The customer must not send products contaminated with hazardous substances, biological materials, chemicals, excessive dirt, or other substances that may endanger personnel, equipment, or logistics providers.

7.1 All M3 Mobile devices are equipped with removable batteries.

7.2 Unless the repair request specifically concerns the battery, the customer must remove the battery from the device before shipping the product to M3 Mobile or an authorized M3 Mobile service center.

7.3 The customer must not include batteries, spare batteries, charging cradles, power supplies, cables, docks, or other accessories unless they are directly related to the reported defect or M3 Mobile has expressly requested them.

7.4 If the reported defect concerns the battery, the customer must clearly indicate the battery-related issue in the RMA request before shipping the product or battery.

7.5 Batteries that are swollen, leaking, visibly damaged, overheated, suspected to be defective, or otherwise unsafe must not be shipped without prior written instructions from M3 Mobile.

7.6 The customer is responsible for ensuring that any shipment containing batteries complies with all applicable transport, dangerous goods, and carrier regulations.

7.7 If a device or shipment is sent with a battery contrary to these instructions, M3 Mobile may refuse acceptance of the shipment, delay the repair process, or charge reasonable handling, storage, return shipping, or disposal costs, where permitted by law.

7.8 M3 Mobile shall not be responsible for delays caused by the customer's failure to comply with these battery shipment instructions, except where liability exists under mandatory applicable law.

8.1 During the applicable warranty period, M3 Mobile will repair performance or functional defects free of charge if the defect occurs under normal usage conditions and is covered by the applicable warranty or Service Package.

8.2 If the same defect occurs again in the same component within 3 months after a repair performed by M3 Mobile or an authorized service center, M3 Mobile may repair or replace the corresponding component free of charge, provided that the defect occurs under normal usage conditions and is not caused by misuse, external damage, liquid exposure, unauthorized repair, or other excluded causes.

8.3 Free repair does not apply to damage, defects, or failures excluded under these AGB, the product documentation, or the applicable Service Package terms.

9.1 Repairs are processed as paid repairs if the product is outside the applicable warranty or Service Package period, or if the defect is not covered by the applicable warranty or Service Package.

9.2 Paid repairs may include, but are not limited to: products beyond the warranty or Service Package period; inspection, diagnosis, software adjustment, or software update for products outside warranty; removal of dust, contamination, or foreign objects; failures caused by non-compliance with the user manual; failures caused by use outside the specified electrical, mechanical, or environmental limits; failures caused by unauthorized consumables, accessories, spare parts, or optional items; failures caused by repair or modification by unauthorized persons; damage caused by external impact, drops, pressure, misuse, or improper handling; scratches, dents, cracks, deformation, or cosmetic damage; damaged displays, touch panels, housings, mainboards, triggers, scanners, cameras, buttons, or plastic components; missing parts; liquid exposure, corrosion, or contamination; failures caused by fire, lightning, earthquake, flooding, natural disasters, or other external events; expired consumable parts, including batteries.

9.3 Damage to accessories may be excluded from out-of-warranty repair depending on the product type, spare parts availability, and technical feasibility.

9.4 M3 Mobile may refuse repair if the product is technically irreparable, unsafe, economically unreasonable to repair, contaminated, manipulated, counterfeit, or otherwise unsuitable for service.

10.1 Total Damage is excluded from repair, compensation, or replacement, even if the customer has purchased a 3-year or 5-year Service Package.

10.2 Total Damage is defined as a condition in which 3 or more of the following 6 main parts of the terminal are damaged: body; motherboard; display; scanner; camera; front physical buttons.

10.3 Examples: Display and motherboard damaged: not Total Damage, generally repairable. Display, front physical buttons, and body damaged: Total Damage, not repairable. Display, motherboard, scanner, and camera damaged: Total Damage, not repairable.

10.4 M3 Mobile or the authorized service center determines whether a product qualifies as Total Damage after technical inspection.

11.1 For paid repairs, M3 Mobile will issue a quotation through the service portal or by other written means.

11.2 The customer may approve or reject the quotation.

11.3 The repair contract for a paid repair is concluded only when the customer expressly approves the quotation.

11.4 If the customer rejects the quotation, M3 Mobile may return the unrepaired product to the customer.

11.5 If the customer rejects the quotation or fails to respond within the period stated in the quotation, M3 Mobile may charge a diagnostic fee of 40 EUR plus applicable VAT and return shipping costs, provided that the customer was informed of these costs before submitting the RMA request.

11.6 If no diagnostic fee has been communicated before submission of the RMA request, M3 Mobile will only charge such fee where legally permissible and where the customer has been informed before the charge is incurred.

12.1 The standard target repair time is: approximately 14 days for repairs under the Basic Warranty; approximately 7 days for repairs covered by an applicable extended Service Package.

12.2 These repair times are non-binding target repair times and are not guaranteed completion or delivery dates.

12.3 Repair times may vary depending on diagnosis, quotation approval, parts availability, shipping time, workload, public holidays, force majeure events, and other operational circumstances.

12.4 Certain spare parts may occasionally be out of stock. If repair is delayed due to parts availability, the device status may be updated to "Pending" or a similar status in the service portal.

12.5 The customer is responsible for regularly checking the service portal for repair status updates.

12.6 M3 Mobile shall not be liable for business interruption, loss of profit, loss of use, or other indirect damages caused by repair delays, unless liability exists under mandatory applicable law.

13.1 The customer is solely responsible for backing up all data, software, licenses, configurations, profiles, certificates, and settings stored on the device before submitting it for repair.

13.2 The customer acknowledges that diagnosis, repair, replacement, software update, factory reset, mainboard replacement, or other service activities may result in data loss.

13.3 M3 Mobile is not responsible for restoring customer data, software, licenses, configurations, or third-party applications unless expressly agreed in writing.

13.4 M3 Mobile's liability for data loss is limited to the effort required to restore data from a proper and current backup created by the customer, unless liability exists under mandatory applicable law.

14.1 Invoices may be issued electronically.

14.2 Unless a different payment term has been expressly agreed in writing by M3 Mobile, the standard payment term for paid repairs, chargeable services, diagnostic fees, handling fees, return shipping costs, and other chargeable items is payment in advance by bank transfer (T/T in advance).

14.3 Where payment in advance applies, M3 Mobile may make the commencement of the paid repair, the performance of the chargeable service, the return shipment of the product, or the release of the product dependent on receipt of full payment.

14.4 Deviating payment terms, including but not limited to payment after invoice, payment within 30 days, payment within 60 days, or any other credit term, shall apply only if expressly agreed in writing by M3 Mobile in an individual agreement, quotation, order confirmation, customer account approval, invoice, or other written confirmation.

14.5 If a deviating payment term has been expressly agreed, invoices shall be payable within the agreed payment period. Unless otherwise stated, the payment period shall be calculated from the invoice date.

14.6 The customer shall be in default if payment is not received within the applicable payment period or, where payment in advance applies, if payment is not made before the required advance payment date.

14.7 In case of late payment, M3 Mobile may charge statutory default interest, reminder fees, and reasonable collection costs where permitted by law.

14.8 M3 Mobile may suspend further services, withhold return shipment, withhold release of the product, or refuse new repair requests if the customer has overdue payment obligations arising from the respective repair contract, subject to applicable law.

15.1 M3 Mobile retains a statutory right of lien on the repaired product for claims arising from the respective repair contract, including repair costs, diagnostic fees, handling fees, storage fees, and return shipping costs.

15.2 M3 Mobile may withhold the return of the repaired product until the amounts due under the respective repair contract have been paid in full.

15.3 This right of lien applies only to the extent permitted by applicable law.

15.4 M3 Mobile retains title to all installed spare parts and components (Retention of Title / Eigentumsvorbehalt) until all claims arising from the respective repair contract have been paid in full.

16.1 Unless expressly covered by a validated DOA claim, an applicable Service Package, a specific warranty term, or a separate written agreement, the customer bears the costs and risks of shipping the product to M3 Mobile or the relevant authorized service center.

16.2 Unless otherwise agreed, the customer also bears the costs of return shipping for paid repairs, rejected quotations, unrepaired returns, and out-of-warranty cases.

16.3 Risk of loss or damage during shipment to M3 Mobile remains with the customer until the product is received by M3 Mobile or the relevant authorized service center.

16.4 For return shipments arranged by M3 Mobile, the risk of loss or damage transfers to the customer upon handover of the shipment to the logistics carrier, unless mandatory statutory provisions provide otherwise.

16.5 The customer is responsible for choosing appropriate transport insurance where necessary.

17.1 If a water-resistant product has been exposed to water or liquid, the customer must dry the product thoroughly with a soft and clean cloth before shipment.

17.2 The customer must not connect the charger or accessories while the product or external ports are wet or damp.

17.3 The customer must not dry the product using heating devices, hairdryers, compressed air, ultrasound, external heat sources, soap, detergent, abrasive materials, or chemicals.

17.4 Damage caused by liquid exposure, corrosion, improper drying, or failure to follow these precautions may be excluded from free repair and processed as a paid repair.

18.1 M3 Mobile's liability for slight negligence shall be limited to breaches of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

18.2 In cases of slight negligence involving a breach of essential contractual obligations, M3 Mobile's liability shall be limited to foreseeable, contract-typical damages.

18.3 M3 Mobile shall not be liable for indirect damages, loss of profit, loss of production, business interruption, loss of use, loss of data, loss of software, or consequential damages, unless liability exists under mandatory applicable law.

18.4 The limitations and exclusions of liability set out in this Section 18 shall not apply to liability for intent, gross negligence, injury to life, body or health, liability under the German Product Liability Act, or any other liability that cannot be excluded or limited under mandatory applicable law.

18.5 The above limitations and exclusions also apply in favor of M3 Mobile's employees, representatives, agents, subcontractors, and authorized service centers.

19.1 The service portal provides repair status information, including receipt status, diagnosis status, quotation status, pending status, repair progress, and dispatch information.

19.2 The customer is responsible for regularly logging into the service portal and monitoring repair status updates.

19.3 M3 Mobile may also contact the customer by email or other communication channels, but portal updates remain the primary source of repair status information unless otherwise agreed.

19.4 Delays caused by the customer's failure to respond to quotation requests, information requests, battery shipment instructions, address confirmation, payment requests, or other service-related communication are the customer's responsibility.

20.1 M3 Mobile processes personal data only to the extent necessary for account registration, RMA handling, repair processing, customer communication, invoicing, logistics, warranty verification, and compliance with legal obligations.

20.2 All customer data collected through the service portal is hosted on secure servers located within the European Economic Area (EEA), ensuring strict compliance with the General Data Protection Regulation (GDPR).

20.3 Further information regarding the processing of personal data is provided in M3 Mobile's separate Privacy Policy / Datenschutzerklärung.

20.4 The customer is responsible for ensuring that no unnecessary personal data is stored on the device before shipment.

21.1 These AGB and all contracts concluded under these AGB shall be governed by the laws of the Federal Republic of Germany.

21.2 The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

22.1 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these AGB, the service portal, or repair services shall be the competent court for M3 Mobile GmbH's registered office in Kriftel, Germany, to the extent legally permissible.

22.2 M3 Mobile may also bring claims against the customer at the customer's general place of jurisdiction.

23.1 If any provision of these AGB is or becomes invalid, the validity of the remaining provisions shall remain unaffected.

23.2 The invalid provision shall be replaced by the applicable statutory provision.

23.3 Amendments or supplements to these AGB must be made in text form unless stricter form requirements apply by law.

23.4 The current version of these AGB is available through the M3 Mobile service portal.