General terms and conditions of trade
§ 1 Scope
These conditions of sale are only valid for contractors, corporate bodies of public law or special properties under public law in terms of Article 310, Section 1 BGB. Conditions opposing or varying from our sale conditions we accept only if we agree to the validity formally in writing.
§ 2 General
The following conditions of sale and payment are valid for all supplies of our company HBG Henneberg-Sander GmbH, foreign terms are excluded. Our conditions are deemed to be accepted by taking over of the delivery. All varying electronical, by telephone or verbal agreements are subject to confirmation in written form.
§ 3 Offers
Our offers are without engagement. In case of unforeseen increases of manufacturing costs, for example caused by increased prices of raw material and energy or duties we reserve the right to adjust our prices.
§ 4 Prices and Payment
(1) Unless otherwise agreed in written form, our € prices are valid EX WORKS packing excluded plus value-added tax valid in each country. Costs for insurance are charged separately.
(2) Deduction of a cash discount is only acceptable in case of a special agreement in written form.
(3) Unless otherwise agreed, the purchase price is to be settled within 10 days after shipment. Interest for delay in the amount of 8% over the basic interest rate are charged. The assertion of a damage caused by delay is reserved. (4) Unless no fixed price is agreed upon, adequate price adjustments for deliveries which take place 3 months after conclusion of sale are reserved due to increases of costs of labour, material and distribution.
§ 5 Deliveries of excess and shortage quantities
Deliveries of excess and shortage quantities of ± 15% (for custom-made products ± 25%) of the ordered quantity are permissible and have to be accepted by the buyer. The buyer has to pay for the actually delivered quantity.
§ 6 Delivery dates
Delivery times quoted are approximate only and without obligation. Cases of mayor force, of strike, disturbance in our enterprise or of the subsupplier, transport difficulties etc. authorize us to delay the delivery accordingly or to withdraw the contract as far as it is not yet fulfilled. Claims for indemnification, compensation purchases or subsequent supplies are excluded.
§ 7 Passing of risk at shipment
The risk of damage or change for the worse of the goods passes on to the buyer after the goods have left our company. This applies independent from the place of delivery or who bears the freight charges.
§ 8 Property reservation
All merchandise supplied from our company remains our property until full payment of all our claims. If the goods are sold to another party all claims of our orderer pass over to our company and are deemed to be assigned to us.
§ 9 Custom-made products
Custom-made products which are manufactured according to the instructions, drawings or samples of the buyer cannot be returned to us.
§ 10 Warranty
Complaints of quality and quantity are only recognized if they are indicated in writing the latest within one week after receipt of delivery. An official certificate of mail has to be added respectively an average report of an international insurance company. Shortening of the invoice amount because of complaints is not admitted.
§ 11 Discretion, Privacy, Data Security
Our commercial partners are obliged to maintain discretion concerning all information that becomes known to them in connection with the duties they perform on behalf of us. This applies irrespective of whether we or our business associates are concerned, except in cases where we free the company from its obligation.
The commercial partner is only authorised to process data entrusted to him within the bounds of his duties with express written approval. If third-parties become involved, the commercial partner shall guarantee its obligation of discretion.
§ 12 Other
(1) This contract and the complete privity of contract are subject to German Law, exclusive of the (law of the) Convention on the International Sale of Goods.
(2) Place of fulfillment and exclusive place of jurisdiction for all disputes out of this contract is our business location unless otherwise quoted in the order confirmation. However, we also reserve the right to take legal steps against the buyer at his business location.
(3) All agreements that are made between the contracting parties for the purpose of execution of this contract are put into writing in this contract. (4) If particular conditions of this contract are or become invalid or contain a gap all other conditions remain unaffected. The contracting parties commit to constitute a regulation legally allowed which comes as close as possible to the economic intent of the invalid one resp. fills this gap.