1. Scope of Application
The following General Terms and Conditions of Sale and Delivery apply to all contracts for the delivery of goods and services by Hiebel&Hess VertriebsgmbH (hereinafter referred to as the “Seller” or “Contractor”) to its contractual partners (hereinafter referred to as the “Buyer” or “Client”). Any deviations from these General Terms and Conditions of Sale and Delivery require an express written agreement. In ongoing business relationships, these terms and conditions also apply to all future transactions, unless otherwise expressly agreed in individual cases.
2. Offers
Cost estimates and offers (verbal or written) are subject to change with regard to price, quantity, delivery time, and availability and do not constitute a binding commitment to deliver. The documents, illustrations, drawings, weights, dimensions, and their underlying calculations provided with the offer are only approximate unless they are expressly designated as binding. The seller reserves ownership rights and copyrights to cost estimates, drawings, and other documents. Agreements made with representatives are binding on the buyer; for the seller, they become binding only upon written confirmation.
3. Orders and Conclusion of Contract
An order is accepted either by written confirmation or by fulfillment of the order. The buyer’s terms and conditions of purchase are hereby expressly rejected. They shall not be recognized even if we do not expressly reject them again upon receipt. Our General Terms and Conditions of Delivery and Business shall be deemed accepted no later than upon receipt of the goods and services delivered by us. The contractor and seller shall generally not be liable for errors resulting from documents (e.g., drawings) submitted by the client and buyer or from inaccurate or verbal information provided by the client. It is solely the buyer’s responsibility to verify the suitability of our products for their intended purposes.
4. Pricing
Our prices are set forth in the order confirmation.
They are generally ex works, excluding packaging, freight, postage, and customs duties (for international shipments). If, between the conclusion of the contract and delivery or performance, the prices of our suppliers, our costs (e.g., freight increases, wage and raw material price increases, etc.), or our taxes increase or are newly introduced, we are entitled to increase the price accordingly, unless the price has been expressly confirmed as a fixed price. Prices are exclusive of statutory value-added tax.
For orders totaling up to 100.00 euros, the seller charges a minimum order fee of 15.00 euros.
5. Shipping
Shipments are made uninsured at the recipient’s expense and risk. Even shipments with postage prepaid are uninsured and at the recipient’s risk. Unless the customer provides specific instructions, shipments will be made at our discretion.
6. Delivery Time
The delivery dates provided are approximate but not binding on us. We therefore cannot be held liable in any way for damages incurred or lost profits resulting from the delivery deadline being exceeded. Goods ordered “on call” must be accepted within six months of the order date at the latest. Upon expiration of this period, or in the absence of any agreements to the contrary, we reserve the right, at our discretion, to either deliver the goods or cancel the order and claim full compensation for damages.
Unforeseen events that result in the agreed delivery time being exceeded do not entitle the contractor to withdraw from the contract.
7. Terms of Payment
Unless expressly agreed otherwise, our invoices are due in full upon receipt. If payment deadlines are exceeded, interest on late payments shall be deemed agreed. In the event of non-compliance, we may prohibit the resale or processing of the delivered goods and demand their return or the transfer of indirect possession of the delivered goods at the buyer’s expense. The buyer hereby authorizes us to enter the buyer’s premises and remove the delivered goods in the aforementioned cases. If an invoice amount due remains unpaid despite two reminders, all other outstanding invoice amounts shall also become due for payment, even if the agreed payment term has not yet expired. In the event of legal action, an out-of-court or court settlement, or the opening of bankruptcy proceedings against the buyer’s assets, all discounts, bonuses, and cash discounts granted on unpaid invoices shall become void. The buyer is not permitted to withhold payment on the basis of any counterclaims.
8. Warranty
a) The warranty period is 6 months for single-shift operation and 3 months for multi-shift operation, and begins on the date of shipment if the goods are shipped, or otherwise on the date of acceptance. The buyer must assert the warranty claim immediately, within 5 days of the defect’s occurrence, by registered letter. If the seller acknowledges the claim, the buyer must return the goods immediately. If the buyer fails to comply with this obligation, the warranty claim is forfeited. In the event of justified complaints, free repair or replacement will be provided within a reasonable period. If the repair or replacement fails persistently, the buyer may demand a reduction in price (reduction of the purchase price) or rescission (cancellation of the contract).
b) We guarantee the proper design, defect-free materials, and sound workmanship of the machines we supply by undertaking to repair or replace, at our discretion and as soon as possible, any parts that become defective or unusable within the warranty period due to demonstrable defects in materials or workmanship. In doing so, we will provide the replacement parts free of charge. We assume no liability for damage resulting from improper or negligent handling, excessive strain, or natural wear and tear. Parts subject to normal wear and tear are excluded from the warranty in all cases. Replaced parts become our property and must be returned to us free of charge, carriage paid, without modification or rework. Rectification of defects does not extend the warranty period; it ends at the same time for the replacement parts and the warranty repair as it does for the entire delivered item.
c) The Seller does not guarantee the accuracy of the measurement results obtained with the measuring instruments it has supplied, as a measurement result is always influenced by a variety of factors (such as error-free operation, ambient conditions, calibration, etc.) over which the Seller has no control.
d) The contractor assumes no liability for malfunctions caused by inadequate installation conditions or improper maintenance by the client.
e) The warranty shall lapse if any interventions or modifications are made to the goods delivered by us by a party other than us without our consent.
f) We shall under no circumstances be obligated to compensate for damages or lost profits, whether under warranty or for any other reason. Indirect or consequential damages shall not be compensated.
g) No warranty is provided for used goods.
9. Termination of the Contract
If the buyer is in default of an agreed payment or other performance, the seller may respond by exercising a right of retention, repossession, or by asserting a claim for disturbance of possession. The buyer is further obligated to compensate for any damage incurred as well as for other damages resulting from the termination of the contract. The extent of the damage and the loss in value shall be determined exclusively by us in a professional manner. The buyer is entitled to a refund of the portion of the purchase price paid by him that remains after deduction of the above claims. No interest shall be paid on this amount.
10. Repairs
Repaired goods may only be released upon payment of the repair costs and any incidental expenses; shipment will only be arranged at the customer’s express request and always at the customer’s risk and expense. For repair orders, our warranty covers only the proper performance of the repair and the parts replaced during the repair, not the repaired device itself. In all other respects, the same terms and conditions apply as for delivery.
11. Retention of Title
The goods remain our property until the purchase price, including any interest and collection costs, has been paid in full. The buyer is therefore not authorized to sell the goods to a third party, pledge them, offer them as security, or otherwise dispose of them during this period. The buyer is therefore obligated to immediately notify us by registered mail of any damage to the purchased goods, any attachment of such goods, or any removal of such goods, and to take all necessary measures required of a diligent merchant or custodian to ensure that we suffer no loss of our property.
12. Miscellaneous Provisions
The place of performance for all mutual claims is St. Pölten.
Should any provision of these General Terms and Conditions be invalid, the invalid portion shall be deemed severed. The remaining provisions shall, however, remain in full force and effect to the extent that they remain independent and meaningful.