Terms and Conditions

In case of differences between the German and English versions or in other cases of doubt, the German version applies.

Shipping and Payment Terms

General

  1. Our General Terms and Conditions apply to all delivery orders, even if a special order confirmation is not provided in the context of a permanent business relationship. They apply both to contracts that are concluded with customers who are contractors for the purposes of § 14 of the German Civil Code (BGB) or legal entities under public law or special funds under public law, as well as to contracts with consumers for the purposes of § 13 of the German Civil Code (BGB). Deviations from our conditions must be agreed to in writing. This also applies to collateral agreements, warranties, and subsequent contract modifications. Divergent agreements should be included in the order confirmation.
  2. Conditions of the purchaser, even if there is reference to them in the order, will not be components of the contract, even if we do not expressly rule them out.
  3. If individual provisions in these conditions of sale or a provision in the context of other agreements between us and the purchaser should be unenforceable, this will not affect the validity of the remaining provisions. In such a case, the contracting parties will be obliged to agree on an enforceable provision corresponding to the financial meaning and purpose of the unenforceable provision.

Prices and Terms of Payment

  1. Statutory VAT will be added to our order confirmations. In the event of an unexpected increase by 10% for raw materials or wage and transport costs between the date when the contract is made and the delivery date, we will be entitled to negotiate a new price. Customs duties, inspection fees, currency equalisation amounts, and other fees based on public law must be paid by the purchaser.
  2. Packaging and transportation costs will be billed separately and at cost.
  3. Invoices are payable net within 30 days. The purchaser may only claim a discount if this has been agreed upon and at the time of payment the purchaser is not in arrears with any payments for previous deliveries. We may request that the purchaser reimburse additional expenses that we incur as a result of the purchaser’s default of acceptance.
  4. If payment terms are not met, we will charge interest of 8% above the current base rate. In the event of a default in payment, we reserve the right to make a higher claim for damages. The purchaser will be at liberty to offer supporting evidence that any damages caused by delays did not occur or were not in the amount specified above. The provision of § 353 of the Commercial Code, HGB, shall remain unaffected.
  5. Offsetting against any counterclaims of the purchaser that are disputed by us or have not been legally established will not be permitted. The purchaser may only assert a right of retention if this is based on claims deriving from the purchase contract. In the event of a complaint about defects, payments by the purchaser may only be withheld to an extent that is proportionate to the material shortcomings present.

Delivery Schedules and Delay

  1. Delivery schedules are only agreed to be binding if they have been expressly designated as such by us. The delivery period shall begin at the time the contract is entered into, but not prior to the provision of any documents, permits, releases to be provided by the purchaser, and prior to receipt of any agreed down payment or other obligations. In this respect, the delivery period will be extended for as long as the delay lasts.
  2. The delivery period will be extended appropriately in the event of legitimate labour disputes, in particular strikes and lockouts, as well as any unforeseen interference which is beyond our sphere of influence or that of our vicarious agents, insofar as such interference may be shown to influence the delivery of the item sold.
  3. The same shall apply if we fail to carry out the delivery in a timely manner. We will be entitled to withdraw from the contract if the manufacturer involved does not make delivery to us, provided that we are responsible for this failure to deliver. We will not be responsible for deliveries that are delayed or not made due to the fault of our sub-supplier unless there is a lapse in selection or supervision.
  4. Compliance with the delivery deadline requires the purchaser to fulfil its contractual obligations.
  5. In addition to the statutory deadline of § 286 Paragraph 3 of the German Civil Code (BGB), we are entitled to set other payment terms pursuant to § 286 Paragraph 2 of the German Civil Code (BGB).

Returns

  1. Delivered goods may only be returned with our prior written consent and if the goods are returned with no shipping charges. The value will be credited after deducting a processing fee, provided the goods are in pristine condition. The return fee will usually be 25% of the order value, but at minimum €75.00. Any additional inspection and processing costs will be billed separately. Individual and spare parts, custom-made products and fittings for which production has been discontinued or are not in stock will not be credited.

Transfer of Risk and Transportation

  1. If the purchaser is a contractor for the purposes of § 14 of the German Civil Code (BGB), a legal entity under public law, or a special fund under public law, the risk involving the goods will be transferred to the forwarding agent or carrier, but no later than when they leave the warehouse or in the case of direct shipping from the factory to the purchaser when they leave the factory. This shall also apply if we have taken on additional services or partial deliveries are made.
  2. If the shipment is delayed due to circumstances for which the purchaser is responsible, the risk will be transferred to the purchaser on the day of the offer of handover.
  3. Delivered items are to be accepted by the purchaser, even if they have minor defects, without prejudice to the rights listed under Section VI below.
  4. If there is no special agreement, the shipping route and means of transport shall be left up to us.

 Complaints and Warranty

  1. Immediately after any goods arrive, the purchaser should inspect them for any defects, their quality, and guaranteed features and should report any obvious problems. If the contract is a commercial transaction for both parties, § 377 of the German Commercial Code (HGB) shall apply with the stipulation that any noticeable shortcomings must be reported to us in writing within 14 days.
  2. All of those parts will be replaced by us or new parts supplied at our discretion free of charge if they are delivered prior to transfer of risk, especially if this is due to faulty design, poor materials, or inadequate execution and are thus unusable. Replaced parts will become our property. If the entire purchase is replaced, by way of supplementary performance, we have full rights to use the replaced items.
  3. The purchaser’s right to make claims due to shortcomings will expire in any case 12 months following the transfer of risk with the exception of a consumer business.
  4. No warranty will be assumed for damage caused by unsuitable or improper use, incorrect installation or commissioning by the purchaser or a third party, a failure to perform maintenance that is customary or recommended by the manufacturer, normal wear and tear, faulty or negligent handling, unsuitable equipment, replacement materials, defective construction, chemical, electronic or electrical influences as long as these are not our fault.
  5. In the event that defects need to be rectified, the purchaser must allow us ample time to perform the required work. If without our prior consent the purchaser or a third party carries out changes or repairs, there will be no liability for the resulting consequences.

Retention of Title

  1. We make deliveries exclusively under retention of title. All goods shall remain our property until the fulfilment of all claims arising from the business relationship, including future receivables and conditional demands.
  2. The purchaser is entitled to resell the reserved goods during the normal course of business. The purchaser’s claims from the resale of the reserved goods will then be assigned to us in the amount of the final invoice amount (including VAT). If the reserved goods are sold by the purchaser together with other goods not delivered by us, the assignment of the claims arising from the resale shall only apply to the amount of the values of the sold goods referred to in our invoices. The purchaser is obliged to notify its debtors of this assignment at our request. We should be informed of the claims and names of the purchaser’s debtors.
  3. The purchaser is entitled to collect claims from the resale. In case of late payment by the purchaser or if circumstances are known to us which according to our commercial discretion would reduce the creditworthiness of the purchaser, we are entitled to revoke the collection right.
  4. We will process and handle the reserved goods pursuant to § 950 of the German Civil Code (BGB) with no obligations arising for us. If the reserved goods are processed with other items that do not belong to us, we will acquire co-ownership of the new items in relation to the invoice value of the reserved goods for the invoice value of the other goods used at the time of processing.
  5. The transfer of security or pledging of goods that are our property is inadmissible. For access by third parties to the reserved goods, in particular seizure, the purchaser should call attention to our ownership of the goods and notify us immediately by forwarding the seizure protocol in writing.
  6. In the event of a default in payment by the purchaser or other non-fulfilment of contractual obligations, we are entitled to take back goods delivered by us after giving notification and specifying a reasonable payment period. Taking back goods will not constitute an abandonment of the contract. In addition, if the purchaser does not meet its obligations when due, we are entitled to liquidate the reserved goods and other securities while giving consideration to the interests of the purchaser and without legal proceedings. This liquidation may only take place after we have given the purchaser at least 14 days’ notice.
  7. If the value of the securities granted exceeds our claims by more than 20%, we shall be obliged at the request of the purchaser to transfer or release the securities to the purchaser at our discretion.

Dimensions and Weights

  1. The dimensions and weights provided in our documents and offers are approximate values. Pictures and drawings are non-binding and not definitive as long as they are not expressly referred to as binding. We reserve the right to make changes to the design and shape of the delivery item, provided the delivery item has not been significantly changed and the changes are reasonable for the purchaser.

Confidential Information and Copyright

  1. Offers and documents such as plans, drawings, sketches and drafts may not be made available to third parties without our consent.
  2. We retain ownership of and copyright on these documents. Plans, sketches. and drawings for fittings and other items delivered to the purchaser will be the property of the purchaser.

Place of Performance, Jurisdiction, and Applicable Law

  1. The place of performance and the exclusive place of jurisdiction for deliveries and payments as well as for any disputes arising between the parties will be our headquarters, with the exception of consumer transactions.
  2. Relationships between the Contracting Parties shall be governed exclusively by laws applicable in the Federal Republic of Germany, with the exclusion of the UN sales law.

 

Release of August 2019
Prices in our offers, price lists, and other documents are minus VAT, ex works, and do not include packaging.

 

 

You can reach us:

Mo. - Do. von 8.00 - 17.00 Uhr
Fr. 8.00 - 15.00 Uhr

+49 (0)911 - 952150
info@hesch.com

Contact person

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