{"id":7833,"date":"2024-08-22T11:03:10","date_gmt":"2024-08-22T09:03:10","guid":{"rendered":"https:\/\/huefner-duebel.de\/general-terms-and-conditions\/"},"modified":"2024-12-04T12:42:59","modified_gmt":"2024-12-04T11:42:59","slug":"general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/huefner-duebel.de\/en\/general-terms-and-conditions\/","title":{"rendered":"General Terms and Conditions"},"content":{"rendered":"\t\t
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General Terms and Conditions<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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I. General information, offers, orders and conclusion of contract:<\/strong><\/div>\n
<\/div>\n
Our deliveries and services are provided exclusively on the basis of these terms and conditions.
\nTerms and conditions of business or purchase of our contractual partner shall only be binding for us if we expressly acknowledge them in writing.
\nAn additional objection by us to the binding nature of the contractual partner’s terms and conditions is not required.
\nOur terms and conditions shall be deemed accepted at the latest upon receipt of our order confirmation without objection.
\nThese terms and conditions shall apply to future transactions even if they are not expressly agreed again in individual cases.
\nOther agreements deviating from these terms and conditions shall only be valid if they are expressly confirmed by us in writing.
\nSuch special written agreements shall take precedence over these terms and conditions insofar as they contradict them.
\nOtherwise, these terms and conditions shall remain unaffected.
\nOur offers are subject to change unless expressly agreed otherwise.
\nAn order shall only be deemed to have been accepted by us if it has been confirmed in writing.
\nIn particular, agreements and arrangements made by telephone also require written confirmation.
\nConfirmation may also take the form of an invoice. <\/div>\n
<\/div>\n
II Prices<\/strong><\/div>\n
<\/div>\n
The contracts between the client and us are generally concluded at fixed prices.
\nHowever, we are bound to the agreed prices for a maximum period of 8 weeks from the order confirmation.
\nAfter expiry of this period, we are permitted to adjust the prices taking into account the development of the market price since the date of the order confirmation, taking into account the principles of \u00a7 315 BGB.
\nThe same shall apply if the market prices for the goods sold change by more than 2% between the conclusion of the purchase contract (date of order confirmation) and delivery.
\nOur prices are quoted in EURO, insofar as VAT is payable, plus the statutory VAT at the rate applicable at the time of delivery, ex works excluding packaging.
\nFor shipments under \u20ac 100 net, a minimum quantity surcharge of \u20ac 25 per shipment may be charged.
\nIf freight charges, duties or fees are increased or newly introduced after conclusion of the contract, we shall be entitled to change the price accordingly.
\nThis also applies in particular to changes in import, customs and foreign exchange regulations. <\/div>\n
<\/div>\n
III Delivery and shipment<\/strong><\/div>\n
<\/div>\n
Delivery dates and delivery periods are only approximate, unless we have expressly guaranteed them in writing as binding.
\nDelivery periods shall commence upon receipt of our order confirmation.
\nDeviations of up to 10% from the ordered quantity are permissible for the production of unusual types. <\/div>\n
<\/div>\n
In the event of a delay in delivery, the client must set a reasonable grace period in writing.
\nIf this period expires without result, he shall have the right to withdraw from the contract.
\nFurther non-contractual or contractual claims, in particular claims for damages due to culpa in contrahendo, delay or non-performance are excluded, unless we are guilty of intent or gross negligence.
\nOrders ordered on call, which are not precisely fixed in terms of time, must be called off no later than 6 months after the order is placed.
\nAt this point in time at the latest, but not before invoicing, our claims shall also become due.
\nIn addition, we shall be entitled to withdraw from the contract or the part of the contract not yet executed after setting a reasonable grace period.
\nInstead of withdrawing from the contract, we shall also be entitled to charge the customer for additional costs caused by a delayed call-off or subsequent change to the call-off in terms of time or quantity; our calculation shall be decisive in this respect. <\/div>\n
<\/div>\n
Events of force majeure shall entitle us, even if they occur at our suppliers or their subcontractors, to postpone the delivery or service for the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled.
\nForce majeure shall include strikes, lockouts, mobilization, war, blockades, export and import bans, traffic disruptions, operational disruptions, fire and other accidents or circumstances beyond our control which make delivery unreasonably difficult or impossible for us.
\nThe customer may demand a declaration from us as to whether we will withdraw from the order or deliver within a reasonable period of time.
\nClaims for damages are also excluded in the above cases, unless we are guilty of intent or gross negligence.
\nThe client undertakes to provide us with the specification and other information required for the execution of the order by the agreed date.
\nIf the customer defaults on this, we shall be entitled, at our discretion, to specify and then deliver ourselves, to withdraw from the contract or to claim damages for non-performance. <\/div>\n
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The place of performance for the delivery is Waltershausen for both parties.
\nThe goods shall travel uninsured and in any case at the risk of the customer.
\nThe customer and we agree that the goods shall be dispatched to the customer ex works or ex warehouse. <\/div>\n
<\/div>\n
Unless a special agreement has been made, we shall select the means and route of transportation without liability for the cheapest and fastest shipment.
\nTimely and correct self-delivery as well as fortunate arrival remain reserved.
\nWe are entitled to deliver early.
\nPartial deliveries may not be rejected. <\/div>\n
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IV Return shipment<\/strong><\/div>\n
<\/div>\n
If the customer returns properly delivered goods with our consent, a processing fee of 10%, but at least \u20ac 25.00, will be deducted from the credit note.
\nIn addition, the client shall bear the risk and costs of the return shipment and the outward freight. <\/div>\n
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V. Material defects<\/strong><\/div>\n
<\/div>\n
The time of the transfer of risk is decisive for the contractual condition of the goods.
\nWe shall not be liable for material defects caused by unsuitable or improper use, faulty assembly or commissioning by the customer or third parties, normal wear and tear, faulty or negligent handling, nor for the consequences of improper modifications or repair work carried out by the customer or third parties without our consent.
\nThe same applies to defects that only insignificantly reduce the value or suitability of the goods.
\nClaims for material defects shall lapse after 12 months.
\nThis shall not apply if longer periods are prescribed by law.
\nThe validity of the provision of \u00a7 377 HGB (German Commercial Code) concerning the buyer’s duty to inspect and give notice of defects remains unaffected.
\nHowever, notification of defects and complaints due to delivery of goods not in accordance with the contract may be made within 14 days of receipt of the goods at the place of destination.
\nDefects and complaints due to delivery of goods not in accordance with the contract which cannot be discovered within this period even after careful inspection must be reported or asserted immediately after discovery, with any processing being stopped immediately.
\nWe must be given the opportunity to ascertain the reported defect.
\nRejected goods must be returned to us immediately upon request; we shall bear the transportation costs if the complaint is justified.
\nIf the partner does not comply with these obligations or makes changes to the goods already complained about without our consent, he shall lose any claims for material defects. <\/div>\n
<\/div>\n
In the event of a justified, timely notice of defects, we shall, at our discretion, either repair the defective goods or supply a faultless replacement or be entitled to withdraw from the contract without this resulting in an obligation to pay compensation.<\/div>\n
<\/div>\n
If we do not fulfill these obligations or do not fulfill them in accordance with the contract within a set period of time, the client may set us a final deadline in writing within which we must fulfill our obligations.
\nAfter the unsuccessful expiry of this deadline, the client may demand a reduction in the price or withdraw from the contract.
\nReimbursement of costs is excluded if the expenses increase because the goods have been moved to another location after our delivery, unless this corresponds to the intended use of the goods. <\/div>\n
<\/div>\n
The client’s statutory rights of recourse against us shall only exist to the extent that the client has not reached an agreement with its customer that goes beyond the statutory claims for defects.
\nFor the scope of the rights of recourse, para.
\n7 last sentence shall apply accordingly. <\/div>\n
<\/div>\n
VI Other claims, liabilities<\/strong><\/div>\n
<\/div>\n
Unless otherwise stated below, other and further claims of the client against us are excluded.
\nThis applies in particular to claims for damages for breach of duties arising from the contractual obligation and from tort.
\nWe are therefore not liable for damage that has not occurred to the delivered goods themselves.
\nIn particular, we are not liable for loss of profit or other financial losses of the customer.
\nThe above limitations of liability shall not apply in the event of intent or gross negligence on the part of our legal representatives or senior executives or in the event of culpable breach of material contractual obligations.
\nIn the event of culpable breach of material contractual obligations, we shall only be liable – except in cases of intent or gross negligence on the part of our legal representatives or executives – for reasonably foreseeable damage typical of the contract.
\nFurthermore, the limitation of liability shall not apply in cases in which liability exists under the Product Liability Act for personal injury or property damage to privately used objects in the event of defects in the goods supplied.
\nIt shall also not apply in the event of injury to life, body or health and in the absence of warranted characteristics, if and insofar as the purpose of the warranty was precisely to protect the customer against damage that did not occur to the delivered goods themselves.
\nInsofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, legal representatives
and vicarious agents. <\/div>\n
<\/div>\n
The statutory regulations on the burden of proof remain unaffected by this.<\/div>\n
<\/div>\n
VII Terms of payment<\/strong><\/div>\n
<\/div>\n
Payments must always be made “net cash” within 30 days, but at the latest on the day of the final payment date stated on the invoice.
\nPayments within 8 days can be made with a 2% discount.
\nIf we have indisputably delivered partially faulty goods, our customer shall nevertheless be obliged to make payment for the faultless part, unless the partial delivery is of no interest to him.
\nIn all other respects, the customer may only offset counterclaims that have been legally established or are undisputed.
\nIf the term of payment is exceeded, we shall be entitled, without prior reminder and without prejudice to any further claim for damages, to charge interest on arrears at the rate charged by the bank for overdraft facilities, but at least 8 percentage points above the respective prime rate of the European Central Bank. <\/div>\n
<\/div>\n
In the event of default in payment or a significant deterioration in the economic situation of the client after conclusion of the contract, we shall be entitled to demand advance payments and the provision of security for claims due and not yet due from all existing contracts and to refuse performance until advance payment or the provision of security has been made.
\nIf the client does not comply with the request for advance payments within a reasonable period of grace set by us, we shall be entitled, at our discretion, to withdraw from the contract or to claim damages for non-performance.
\nThe same shall apply if circumstances already existing before or at the time of conclusion of the contract, which make the creditworthiness of the client appear doubtful, become known to us after conclusion of the contract.
\nFailure to pay on time shall entitle us to refuse further delivery of the quantity still to be delivered from the order in the case of partial delivery without liability for damages.
\nThe customer shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been recognized by us.
\nRights of retention can only be exercised for claims that are undisputed, ready for decision or legally established and only if they are based on the same contractual relationship.
\nThe exclusion of rights of retention may not be invoked if we are guilty of gross breaches of contract. <\/div>\n
<\/div>\n
In the case of sales in foreign currency, the client bears the exchange rate risk upon conclusion of the contract.<\/div>\n
<\/div>\n
VIII Retention of title<\/strong><\/div>\n
<\/div>\n
We reserve title to the delivered goods until all claims arising from the business relationship with the client have been settled.
\nThe client is entitled to sell these goods in the ordinary course of business as long as he meets his obligations arising from the business relationship with us in good time.
\nHowever, he may neither pledge the reserved goods nor assign them as security.
\nHe is obliged to secure our rights in the event of a credited resale of the reserved goods. <\/div>\n
<\/div>\n
If the client is in default of payment, we are entitled, after setting a reasonable grace period, to demand the return of the reserved goods at the client’s expense, even without withdrawing from the contract.
\nThe client hereby authorizes us to enter his premises and collect the delivered goods.
\nTaking back the goods or asserting the retention of title and our seizure of the goods shall only constitute a withdrawal from the contract if we expressly declare this. <\/div>\n
<\/div>\n
We are entitled to withdraw from the contract if an application is made to open insolvency proceedings against the client’s assets.
\nThe client hereby assigns to us in advance as security all claims and rights arising from the sale or any leasing of goods to which we are entitled.
\nWe hereby accept the assignment.
\nAny processing of the reserved goods shall always be carried out by the client on our behalf.
\nIf the reserved goods are processed or inseparably mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed or mixed items at the time of processing or mixing.
\nIf our goods are combined or inseparably mixed with other movable objects to form a uniform object and if the other object is to be regarded as the main object, the customer shall transfer co-ownership to us on a pro rata basis insofar as the main object belongs to him.
\nThe client shall keep the property or co-property for us.
\nIn all other respects, the same shall apply to the item created by processing or combining or mixing as to the reserved goods.
\nThe client must inform us immediately of any enforcement measures taken by third parties against the reserved goods, the claims assigned to us or other securities, handing over the documents necessary for an intervention.
\nThis shall also apply to impairments of any other kind. We shall release the securities to which we are entitled in accordance with the above provisions at the request of the customer to the extent that the value of the goods delivered subject to retention of title exceeds the claims to be secured by more than 20%. <\/div>\n
<\/div>\n
IX. Place of performance, place of jurisdiction and applicable law<\/strong><\/div>\n
<\/div>\n
The place of performance for both parties is Waltershausen.
\nThe place of jurisdiction shall be Erfurt in all cases – also for actions on bills of exchange and checks.
\nThe contractual relationship shall be governed exclusively by the law of the Federal Republic of Germany.
\nThe application of the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG – “Vienna Sales Convention”) is excluded. <\/div>\n
<\/div>\n
X. General information<\/strong><\/div>\n
<\/div>\n
Subsidiary agreements must be made in writing and are only effective if they are expressly confirmed by us in writing.
\nThis shall also apply to the waiver of the written form clause.
\nShould any of the above conditions be or become invalid for any reason whatsoever, the validity of the remaining conditions shall remain unaffected. <\/div>\n
<\/div>\n
<\/div>\n
H\u00fcfner-D\u00fcbel GmbH<\/strong><\/div>\n
Gothaer Stra\u00dfe 50
99880 Waltershausen \/ Germany<\/strong><\/div>\n<\/div>\n
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