Terms & Conditions
Please note: The german original of this text is the only legally binding version. This is just a rough translation for informational purposes.
General Terms and Conditions of the
H&D Systems GmbH
Industriestraße 4
67269 Grünstadt
§ 1
Application of the conditions
The deliveries, services and offers of the Contractor shall be made exclusively on the basis of these Terms and Conditions. Counter-confirmations of the Purchaser with reference to his Terms and Conditions of Business or Purchase are hereby rejected.
§ 2
Offers and Conclusion of Contract
1. Offers contained in brochures, advertisements etc. are -
also with regard to price quotations - subject to confirmation and non-binding. The entrepreneur is bound to specially prepared offers for 30 calendar days from the date of the offer.
2. Subsidiary statements, changes, additions and/or other deviations from the present terms and conditions are only valid if the entrepreneur has declared his agreement to this extent. Such agreements must be made in writing.
3. Details in offers and/or order confirmations of the entrepreneur, which are based on an obvious error, namely a spelling or calculation error, do not obligate the entrepreneur. Rather the obviously intended explanation applies.
4. The offer documents, drawings, descriptions, samples and cost estimates of the Contractor may not be passed on, published, reproduced or otherwise made accessible to third parties without the Contractor's approval. Upon request, the documents shall be returned without retaining copies.
§ 3
Prices, Price Changes
1. the prices include the legal value added tax, which is to be shown separately.
2. The prices do not include the costs for packaging and freight.
If there are more than six months between the conclusion of the contract and the agreed and/or actual delivery date, the prices of the Contractor valid at the time of delivery or provision shall apply. In the event of price increases by its suppliers, increases in wage and transport costs or other unexpected cost increases, the Contractor shall be entitled to demand negotiations on a new determination of the price.
§ 4
Delivery times
1. delivery periods apply subject to correct and timely self-delivery, unless a binding delivery period has been promised in writing. If the delivery or service is delayed due to a circumstance for which the entrepreneur, his legal representatives or vicarious agents are responsible, liability shall be in accordance with the statutory provisions. In the event of slight negligence, liability shall be limited to the foreseeable damage typical of the contract.
This principle applies in particular to force majeure, strikes, lock-outs, official orders, etc., even if these obstacles occur at the Contractor's suppliers or their sub-suppliers. The duration of a grace period to be set by the customer in the event of a delay in performance in accordance with the statutory provisions shall be set at two weeks which shall commence upon receipt of the grace period by the entrepreneur.
§ 5
Shipment and transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the person performing the transport or has left the contractor's works for the purpose of dispatch. If dispatch is delayed or not carried out at the request of the customer, the risk shall pass to the customer upon notification of readiness for dispatch.
2. at the request of the customer, deliveries shall be insured in his name and on his account.
§ 6
Claims for defects
1. If the service provided by the Contractor or the delivery item is defective, the Contractor may, at his discretion, either replace the defective item or remedy the defect. Multiple rectifications - usually two - are permitted within a reasonable period of time.
2. The right of the customer to assert claims arising from defects shall in all cases be subject to a limitation period of 12 months from the time of transfer of risk, unless a longer period is prescribed by law. If the customer is an entrepreneur within the meaning of § 14 BGB (German Civil Code), then Sections 3 and 4.3 shall apply in addition. Obvious defects in work performance can no longer be asserted after acceptance. Otherwise, such defects shall be notified to the Contractor in writing immediately, but at the latest within two weeks of delivery, in order to preserve the Purchaser's claims for defects. The defective items are to be kept in the condition in which they are at the time the defect is discovered for inspection by the Contractor.
§ 8
Retention of title
1. Until the fulfilment of all claims to which the Contractor is entitled against the Purchaser for any legal reason, the Contractor shall retain title to the delivered items (reserved items).
2. The customer is obliged to immediately notify the entrepreneur in writing of any attachments of the reserved goods and to inform the pledgees of d
a reservation of title. The customer is not entitled to sell, give away, pledge or assign by way of security the objects delivered to him under retention of title - except in the cases of the following items.
3. If the delivery is made for a business operation maintained by the customer, the items may be resold within the framework of proper business management. In this case, the customer's claims against the buyer from the sale shall already be deemed to have been met
now assigned to the entrepreneur. In the event of resale of the items on credit, the customer shall retain title to the items vis-à-vis his customer. The customer hereby assigns to the entrepreneur the rights and claims arising from this retention of title vis-à-vis his customer.
4. A possible treatment or processing of the reservation objects by the orderer takes this out for the entrepreneur free of charge. If the reserved goods are processed, combined, mixed or blended with other goods not belonging to the Company, the Company shall be entitled to the resulting co-ownership share in the new item in the ratio of the factor value of the reserved goods to the other processed goods at the time of processing, combination, mixing or blending. If the Customer acquires sole ownership of a new item, the contracting parties agree that the Customer shall grant the Contractor co-ownership of the new item in proportion to the factor value of the processed or combined, mixed or blended items subject to retention of title and shall keep them in safe custody for the Supplier free of charge. If the reserved goods are resold together with other goods, regardless of whether without or after processing, combination, mixing or blending, the advance assignment agreed in Section 3 above shall apply only to the amount of the factor value of the reserved goods which have been resold together with the other goods.
5. If reserved objects are built into the property of a third party by the customer or on his behalf as essential components, the customer hereby assigns to the contractor any claims for payment with all ancillary rights, including the granting of a security mortgage, against the third party or the party concerned.
6. If reserved objects are installed as essential components in the property of the customer, the customer hereby assigns to the contractor all claims arising from the sale of the property or property rights, including all ancillary rights.
7. If the value of the securities existing for the Contractor in accordance with the above provisions exceeds the value of the Contractor's claims - not only temporarily - by a total of more than 20%, the Contractor shall be obliged to release securities of his choice at the request of the Customer.
If the value of the securities existing for the Contractor in accordance with the above provisions exceeds the value of the Contractor's claims - not only temporarily - by a total of more than 20%, the Contractor shall be obliged to release securities of his choice at the request of the Customer.8. In the event of breach of contract by the customer, in particular default in payment, the seller is entitled to take back the delivered items after a reminder and declaration of withdrawal and the customer is obliged to surrender them. If the customer has fulfilled the contract, the entrepreneur must return the items.
§ 9
Payment
1. As far as nothing else is agreed upon, the invoices of the entrepreneur are payable after invoicing without deduction. For deliveries with a total value of less than € 500.00, the entrepreneur delivers cash on delivery plus freight and packaging
