- Stand: January 2017 -
General Terms of Delivery
§ 1 General - Scope
1. The terms and conditions of business apply to all current and future business relations in business transactions.
2. Deviating, conflicting or supplementary general terms and conditions shall not be a contractual component, even if they are known, unless their validity is expressly agreed.
§ 2 Conclusion of contract
1. Our offers are subject to change. Technical alterations as well as changes in form, colour and/or weight are reserved within the scope of reasonability.
2. By ordering goods, the customer declares bindingly to purchase the ordered goods. We are entitled to accept the contract offer in the order within two weeks after receipt by us. The acceptance may be declared either explicitly or by delivery of the goods to the customer.
3. The conclusion of the contract is subject to the correct and timely self-delivery by our suppliers. This applies only in the event that the non-delivery is not represented by us, in particular if a congruent cover transaction is concluded with our supplier.
The customer will be immediately informed about the unavailability of the service. The consideration will be refunded immediately.
§ 3 Reservation of property
1. We retain title to the goods until the full settlement of all claims arising from a current business relationship.
2. The customer is required to handle the product with care. If maintenance and inspection work is required, the customer has to carry it out regularly at his own expense.
3. The customer is obliged to notify us immediately of any third party's access to the goods, eg in case of a pledge, as well as any damage or the destruction of the goods. The customer has to notify us without delay of a change of ownership of the goods as well as his own change of residence.
4. We shall be entitled, in the case of breach of contract by the customer, in particular in the event of a delay in payment or in the event of a breach of an obligation pursuant to para. (3) and (4) of this provision to withdraw from the contract and to demand the goods.
5. The customer is entitled to resell the goods in the ordinary course of business. He already assigns to us all claims in the amount of the invoice amount, which are due to him by the resale against a third party. We accept the assignment. After the assignment, the customer is authorised to collect the claim. We reserve the right to collect the claim ourselves as soon as the customer fails to meet his payment obligations properly and is in default of payment.
6. The processing of the goods by the customer always takes place in the name and on behalf of us. If processing is carried out with items which are not owned by us, we shall acquire the co-ownership of the new item in proportion to the value of the goods delivered by us to the other processed items. The same applies if the goods are mixed with other objects which do not belong to us.
§ 4 Compensation
1. If during the term of contracts between contract conclusion and delivery, performance increases, e.g., of raw material or material prices, wages, transport costs, taxes or duties, we are entitled to make a price adjustment corresponding to these factors.
In the event of a further increase in our prices in the context of permanent indebtedness, the customer may, after the increase, have rescinded from the contract.
2. If the customer makes changes after the conclusion of the contract, we can adjust the prices according to the additional costs caused by the change.
3. The prices do not include VAT.
From an amount of 200 kg/litre, we will deliver free delivery in the area covered by the tours of our own car park at the next opportunity. Otherwise, we will charge a small quantity surcharge and the freight costs. Please refer to our list for the corresponding amounts.
5. The customer undertakes to pay the purchase price within 30 days after receipt of the goods. During the delay, the customer has to pay interest on the debt of 9% above the base interest rate. We reserve the right to prove and assert a higher arrears.
6. The customer has a right to offset only if his counterclaims have been legally established or have been acknowledged by us. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
§ 5Transfer of risk
1. The risk of accidental loss and the accidental deterioration of the goods shall be transferred to the purchaser upon delivery, in the case of the purchase of the goods, the delivery of the goods to the freight forwarder, the freight carrier or the person or institution otherwise destined to carry out the dispatch.
2. The surrender shall be the same if the buyer is in default of acceptance.
1. We provide warranty for defects of the goods initially at our choice by repair or replacement delivery.
2. If the supplementary performance fails or is refused by us, the customer may, at his discretion, demand reduction of the remuneration (reduction) or cancellation of the contract (withdrawal). However, the customer is not entitled to withdraw from the contract in the event of a minor breach of contract, especially in the case of minor defects.
3. The customer is obliged to inspect the goods immediately and must notify us of obvious defects within a period of 10 days from receipt of the goods in text form; otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch.
4. For Claims § 7.
5. As a condition of the goods only the product description is valid as agreed. The product description or other product information does not constitute a guarantee. The content and our advice do not release us from the necessity to check our products for their suitability for use in the customer's operation and for the specific requirements specified there.
§ 7 Liability, disclaimer </ b>
1. If, as a result of any fault or faulty proposals or deliberations made before or after conclusion of the contract, The culpable violation of other contractual obligations - in particular instructions for use, operation and maintenance of the goods - by the customer, which are not to be used in accordance with the contract, the regulations of the sections apply to the exclusion of further claims of the customer § 6 and § 7 paragraph 2.
2 We are only liable for damages that are not caused by the delivery item itself - for whatever legal reason:
a. With precaution
b. In the case of gross negligence on the part of the holder (s) or senior employee,
c. In the case of culpable injury to life, body, health,
d. In the case of defects which he has maliciously concealed,
e. In the context of a guarantee,
f. In the case of defects of the delivery item, insofar as the Product Liability Act is liable for personal injury or material damage to privately used items.
In the case of culpable breach of essential contractual obligations, the Supplier shall also be liable in the event of gross negligence on the part of non-executive employees and in the case of slight negligence, in the latter case limited to the contract-typical, reasonably foreseeable damage.
Further claims are excluded.
§ 8 Limitation
All claims of the customer - for whatever legal reasons - expire after 12 months. For damage claims pursuant to § 7 paragraphs 2 a - d and f,
Statutory periods. These also apply if longer statutory periods for deficiencies in a building or for delivery items which have been used for a building, according to their usual use and which have caused their defect.
§ 9 environmental Protection
By accepting the goods, the customer also assumes the obligations under public law. He assures us that he has the necessary knowledge, facilities and appropriate personnel for the possession, processing and handling of the ordered goods.
§ 10 Packaging
1. If the delivery is made in the form of rental containers, these must be returned to us freight-free within 30 days from the date of delivery, in a closed, non-polluted, completely emptied and undamaged condition. From the 2nd month after the delivery day, we charge the transfer per piece and month with prices according to the list. The purchaser carries the risk of loss, loss or damage until the return of the leasing equipment in our factory. In the case of non-return, loss, loss or damage, we shall have the right to demand compensation in money.
2. Disposable packaging will not be taken back by us, instead we will name the customer on request a third party, who will recycle the packaging according to the packaging ordinance.
1. The law of the Federal Republic of Germany. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
2. If the customer is a merchant, a legal person of public law or a public special fund, exclusive jurisdiction for all disputes arising from this contract is our place of business. This shall be the case if the customer does not have a general court of jurisdiction in Germany or if his place of residence or habitual residence is not known at the time the action is brought.
3. The place of performance for all contractual obligations is our domicile.
Haug Chemie GmbH
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