GENERAL TERMS AND CONDITIONS
HAPP Plastic Injection Moulding Plant and Formenbau GmbH
Section 1 Validity of the Terms and Conditions
- The seller’s deliveries, services and offers are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These conditions shall be deemed to have been accepted at the latest when the goods or services are received. Counter-confirmations of the Buyer, with reference to his/her business or Purchasing conditions are hereby contradicted.
- Deviations from these terms and conditions are only effective if the seller confirms them in writing.
Section 2 Offer and conclusion of contract
The seller’s offers are subject to change and are non-binding. Declarations of acceptance and all orders require the written or telephonic confirmation of the seller in order to be legally effective. The same applies to additions, amendments or ancillary agreements.
Section 3 Prices
- Unless otherwise stated, the Seller shall be bound by the prices contained in its offers thirty days from the date of its offerings. The prices stated in the seller’s order confirmation plus the respective statutory value added tax are decisive. Additional deliveries and services will be charged separately.
- Unless otherwise agreed, the prices are free of station or ex works incl. normal packaging.
Section 4 Delivery time
- Delivery dates or deadlines, which can be agreed upon in a binding or non-binding manner, must be in writing.
- In the case of force majeure and other unforeseeable, exceptional and unintentional circumstances, e.g. E.g. in the event of material procurement difficulties, operational disruptions, strikes, lockouts, lack of means of transport, official interventions, energy supply difficulties, etc. even if they occur with pre-suppliers, the delivery period shall be extended to an appropriate extent if the seller is hindered in the timely fulfilment of his obligation. The seller is entitled to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. If the delay in delivery lasts longer than three months, the buyer is entitled to withdraw from the contract. If the delivery time is extended or if the seller is released from the delivery obligation, the buyer cannot derive any claims for damages from this. The Seller can only rely on these circumstances if he notifies the customer immediately.
- The seller is entitled to partial delivery and partial services at any time.
Section 5 Packaging
- Packaging, protective and transport aids will not be returned unless otherwise agreed.
- Rental packaging should be returned to the seller’s address free of charge immediately after release, but no later than six weeks. After the loan period has expired, the seller is entitled to charge the rental packaging for the replacement value. The storage of the rental packaging must be carried out in such a way that no damage is caused.
Section 6 Dispatch and Transfer of Risk
- The shipping route and the means of dispatch are left to the choice of the seller in the absence of a special agreement.
- The risk passes to the buyer as soon as the shipment has been handed over to the person carrying out the transport or has left the seller’s factory for dispatch, regardless of whether the shipment takes place from the place of performance and who bears the freight costs. If the goods are ready for dispatch and the dispatch or acceptance is delayed for reasons for which the supplier is not responsible, the risk shall pass to the customer upon receipt of the notification of readiness for dispatch.
Section 7 Over- or under-deliveries
The seller reserves the right to make additional or under-deliveries for special settings of his products for prescription reasons.
Section 8 Warranty and notification of defects
- Data on percentages or mixing ratios for each product are to be regarded only as approximate averages. Deviations within the possible limits of error in each individual case, which are unavoidable despite all due care in the production of the goods, are expressly reserved. The seller’s sample is decisive for the assessment of the delivered goods, minor deviations do not provide any reason for complaints. The recipient is obliged to convince himself of the suitability of the goods by means of a preliminary test before using the goods.
- Obvious defects must be complained about in writing within an exclusion period of eight days after receipt of the goods. Defects that cannot be discovered even within this period, even if carefully examined, must be notified to the Seller in writing immediately after discovery.
- In the event of a notification by the Buyer that the Products do not comply with the warranty, the Seller shall, at its opti
on, require: a) the defective part to be sent to the Seller for rectification and subsequent
return;b) the Buyer shall provide the defective part and the Seller shall make the repair
to the Buyer. If the Buyer requires that warranty work be carried out in a place designated by the Seller, the Seller may comply with this request, without charging parts covered by the warranty, while working time and travel expenses shall be paid at the Seller’s standard rates.
- If the rectification fails after a reasonable period of time, the buyer may, at his option, demand a reduction in the remuneration and rescission of the contract.
- If the buyer proves damage caused by quality defects of the delivered goods, the maximum amount of the damage incurred shall be the purchase price attributable to the quantity of products consumed and supplied by the seller.
- The buyer is responsible for the observance of legal and regulatory regulations when using the Seller’s goods.
- Liability for normal wear and tear is excluded.
- Warranty claims against the seller are only available to the immediate buyer and are not assignable.
- The preceding paragraphs conclude that the products are warranted and exclude any other warranty claims of any kind. This does not apply to claims for damages arising from property assurances, which are intended to protect the buyer against the risk of consequential damages.
Section 9 Retention of title
- Pending the fulfilment of all claims (including all balance claims from current accounts) that the Seller is entitled to against the Buyer for any legal reason, now or in the future, the Seller shall be granted the following securities, which he will release upon request at his discretion, insofar as its value exceeds the claim by more than 20%.
- The goods remain the property of the seller, processing or conversion always take place for the seller as manufacturer, but without obligation for him. If the (co-)ownership of the seller expires by connection, it is already agreed that the (co-)ownership of the buyer in the unitary item shall pass to the seller in proportion to the value (invoice value). The buyer shall keep the (co-)property of the seller free of charge. Goods in which the buyer is entitled to (co-)ownership is hereinafter referred to as goods subject to retention of title.
- The buyer is entitled to process and sell the goods subject to retention of title in the proper course of business as long as he is not in default. Pledges and security appropriations are not permitted. The Buyer assigns the claims arising from the resale or any other legal reason (insurance, tort) in respect of the reserved goods (including all balance claims from current accounts) to the Seller in full for security reasons. The Seller revocably authorises him to collect the claims assigned to the Seller for his account in his own name. This direct debit authorisation can only be revoked if the buyer does not properly fulfil his payment obligations.
- In the event of access by third parties to the goods subject to retention of title, the Buyer will point out the seller’s property and notify the seller immediately.
- In the event of a breach of contract by the buyer, in particular a delay in payment, the seller is entitled to take back the goods subject to retention of title or, if necessary, to take back the goods subject to retention of title. assignment of the buyer’s claims for the return against third parties. Unless the Payment Act applies, there is no withdrawal from the contract in the withdrawal and planning of the reserved goods by the seller.
Section 10 Payment
- Unless otherwise agreed, the Seller’s invoices are payable without deduction within 30 days of invoicing.
- When clearing credit memos, it may be possible to Discount reductions from the invoice amount to be settled first decompile the credit memo amount and only calculate the cash discount amount from the remaining remaining.
- The seller expressly reserves the right to refuse bills of exchange. Acceptance is only for payment. Discount and exchange expenses shall be borne by the buyer and are due immediately.
- A payment is not deemed to have been made until the seller can dispose of the amount. In the case of bills of exchange and cheques, payment is not deemed to have been made until the bill of exchange or cheque is cashed.
- If the target is exceeded, 5% interest per annimate as far as the buyer is a merchant.
- If the buyer is in default, the seller shall be entitled to charge interest from the relevant date in the amount of the interest rate calculated by the commercial banks for open current account loans plus the set value added tax. They shall be set higher or lower if the seller has a higher interest rate charge or the buyer has a lower charge.
- If the Buyer fails to meet its payment obligations or if the Seller is aware of other circumstances that call into question the Buyer’s creditworthiness, the Seller shall be entitled to pay the entire remaining debt, even if he has accepted bills of exchange or cheques. In this case, the Seller is also entitled to demand advance payments or security.
- The buyer is only entitled to set-off, withholding or reduction, even if claims for defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
Section 11 Limitation of Liability
Claims for damages arising from impossibility of performance, positive breach of contract, fault in the conclusion of the contract and tort are not possible against the seller as well as against the seller’s performance or performance. responsible assistants excluded, unless there is intentional or grossly negligent action.
Section 12 Place of performance, place of jurisdiction and partial nullity
- Place of performance for deliveries and payment is Rupprichteroth.
- The place of jurisdiction for all disputes arising between the parties arising from the contractual relationship is, insofar as the buyer is a full merchant, a legal entity under public law or a special fund under public law, for both parts Siegburg.
- Should any provision in these Terms and Conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.