Terms of payment and sale of Huber Technik Vertriebs GmbH
Our terms of sale apply exclusively; we do not accept any terms and conditions of the purchaser which are contrary to or deviate from our terms of sale, unless we have expressly agreed to their validity. Our terms of sale also apply if we carry out the delivery to the purchaser unconditionally in the knowledge of conflicting terms of the purchaser which deviate from our terms of sale.
§2 Conclusion of the contract
1. All agreements made between us and the purchaser for the purpose of execution of the contract are laid down in our order confirmation. 2. Our order confirmation is binding only for the content of the order by the purchaser. Verbal agreements or warranties of any kind require our express written confirmation.
§3 Delivery terms
1. If nothing else is stated in our order confirmation. ‘Delivery’ from our factory in Erding is agreed. 2. The costs of packaging and any shipment (loading and transportation) shall be borne by the purchaser. 3. Agreed delivery times will be adhered to as far as possible. Failure to comply with the agreed delivery date does not entitle the purchaser to withdraw from the contract or to claim damages. Cases of force majeure, operation failures or lack of raw material relieve us from our obligation to deliver at our discretion either completely or for the applying period.
§4 Prices – terms of payment
1. Our prices apply from our factory in Erding. 2. VAT is not included in our prices; it is stated separately in the invoice at the statutory rate on the invoice date. 3. Our invoice or equivalent payment order shall be due for payment within 30 days after receipt of our delivery according to the imprint in our order confirmation. Otherwise, payment default occurs. 4. In the event of a delay in payment, our charge for the year is to be paid interest at 8% points above the base interest rate. The right to assert further damage remains reserved. 5. Bills of exchange shall only be accepted on the basis of prior agreement. 6. The receipt of foreign checks shall be effected only upon prior agreement. 7. The purchaser is entitled to set-off only if any counterclaims are accepted by us.
§5 Reservation of title
1. We reserve the right to ownership of the purchased item until receipt of full payment of our corresponding invoice. The property will be transferred by us only under the suspensive condition of full payment. 2. In the event of default in payment by the purchaser, we shall be entitled to take back the purchased item. There shall be no rescission of the contract in the rescission of the object of the contract unless we have expressly confirmed this in writing. 3. During the existence of our reservation of title, the purchaser is entitled to resell the goods in the ordinary course of business. However, the purchaser already assigns to us our receivables from resale against the purchaser or a third party, irrespective of whether the item has been resold without or after processing, to the final amount (including VAT) of our invoice. The purchaser shall initially be entitled to collect own claims against us even after the own assignment. Our authority to collect the claim itself remains unaffected. However, we undertake not to release the purchaser’s claim against our customers and not to collect them as long as the purchaser meets us against own payment obligations arising from the collected proceeds, does not default on payment and, in particular, has not applied for an increase in insolvency or settlement proceedings nor is cession of payment given. If this is the case, we are entitled to disclose the purchaser’s claims assigned to us to the purchaser’s customers. In this case, the purchaser is obliged to inform us of the assigned claim and its debtor, to provide us with all the information required for collection, to hand us the related documents and to notify the debtor (third party) of the assignment. 4. The processing or conversion of the purchased goods by the purchaser is always carried out for us. If the object of purchase is processed with other items not belonging to us, we acquire the co-ownership of the new item in proportion of the value of the purchased item (final invoice amount including VAT) to the other processed items at the time of processing. 5. In case of seizures or other interventions by third parties in our purchase, the purchaser must notify us without delay in writing, so that we can take action acc. to Art. 771 ZPO, otherwise the purchaser is obliged to compensate us for damages. 6. We undertake to release the securities to which we are entitled without undue delay with payment of our invoice amount.
§6 Warranty of defects
1. If the goods have suffered a defect which we are responsible for at the time of delivery (or, at the purchaser’s request, when the consignment is executed) , i. e. a) if the item does not correspond to the contractually agreed quality, or b) if the purchased item does not correspond to the contractually stipulated use (C) if the purchased item is not suitable for customary use, we shall be responsible for supplementary performance (removal of the defect or delivery of a flawless item) at the purchaser’s request. We are entitled to refuse this only if disproportionate costs arose from it. 2. The purchaser shall immediately examine the goods after receipt of the goods. If the purchased item has a defect, the purchaser shall inform us without delay. 3. If the purchaser has moved the purchased item to a place other than the place of performance, our expenses for troubleshooting shall be borne by the purchaser. 4. If in the event of an existing defect in the purchase item our supplementary performance should fail, the purchaser may at own discretion withdraw from the contract or demand a corresponding reduction of the purchase price (discount). 5. We shall not be liable for any costs incurred by the purchaser during the period of our warranty. 6. Warranty claims are excluded if a) the goods delivered by us have been repaired, processed, modified or altered by a third-party company, b) the damage after delivery is due to improper handling or accident or other circumstances beyond our control. 7. Claims for defects by the purchaser shall be subject to a limitation period of two years. The period begins with the delivery of the goods. 8. The technical information given by us regarding rubber products (such as dimensions, weights, physical and chemical properties, usable value etc.) is merely descriptions or markings and no agreed quality level.
Any calculations, drawings, planning and quotations remain our property. Their submission is only intended for the purchaser. They may not be copied nor disclosed to third parties for inspection or access.
§8 Place of performance and jurisdiction
Place of performance and jurisdiction is our site in Erding.
Erding, January 2016