Terms and conditions
(Terms of delivery and payment)
Our quotations are subject to change.
2. Conclusion of transactions.
Delivery and service contracts are not binding until the order is confirmed by us in writing, respectively the delivery note is signed prior to handing over the goods at the dispatch warehouse. The terms of delivery are valid unless otherwise expressly stated in the order confirmation. Our terms have priority over the terms of the purchaser. Acceptance of the quotation or the order confirmation by the purchaser by failing to object is considered as agreement. We reserve the right to make changes to the products in the interest of technical advancement.
Unless otherwise agreed, our prices are for goods of normal, customary quality, including packaging and delivery DAP (Incoterms 2020) to a named destination in Germany, excluding islands, plus the applicable VAT.
If the delivery addresses cannot be reached with commercial vehicles ≥ 12t or are in an area that can only be reached by using private toll roads or ferries, the person placing the order will inform us of this. We can deliver to the address after checking the delivery situation and being reimbursed for the additional costs incurred.
4. Delivery period.
The delivery periods stated by us are valid ex-factory. They are not binding. In the event of delivery being delayed by more than half as long again as the period stated in the confirmation – not including delays which are caused by events beyond our control – the purchaser is entitled to withdraw from the contract after allowing us a reasonable period of grace without result. The right to claim damages as a result of delay in delivery is limited to cases in which the violation of the contract is deliberate or the result of gross negligence.
Payment is regarded as having been made when we have unlimited access to the full amount due. Unless special terms have been specifically agreed, the terms of payment are as follows: Cash payment with due date from day of dispatch
8 days with 2% discount
30 days net
Bills of exchange are not accepted. Cheques will only be accepted where punctual encashment according to the agreed conditions appears to be assured. We are not liable for punctual conveyance, presentation, protest, notification and return unless we are proven to be in breach of contract due to intent or gross negligence. If the terms of payment are not met or we are of the opinion that our claim is no longer sufficiently secure, we reserve the right to demand immediate cash payment – if necessary in advance – and, should the purchaser fail to comply, to withdraw from the contract.
6. Delay in payment.
During periods of delay in payment the debtor bears all risks to our entire satisfaction. Interest on arrears will be charged at the rate of 5 percentage points above the base interest rate. We reserve the right to claim for further damages.
7. Reservation of title.
As is normal business practice, we reserve the right of ownership in respect of the goods supplied until such time as all claims under the business relationship with the purchaser have been met and ownership of the goods supplied is transferred to the purchaser. The purchaser is entitled to process, remodel or sell these reserved goods in the regular course of business. Claims deriving from the sale of these goods, which the purchaser is able to collect – subject to our revocation – are herewith assigned to us as a precautionary measure. Any working or processing of goods which are subject to reservation of title shall at all times be carried out on our behalf as the manufacturer, however, without entailing any obligations for us. If the goods which are subject to reservation of title are inseparably mixed with other items not owned by us, we shall acquire joint ownership of the new product. If the value of the existing securities exceeds the secured claims by more than 25 per cent, we undertake, at the purchaser’s request, to release securities of our choice in this respect. Goods supplied under reservation of title must be appropriately stored and insured against normal risks by the purchaser. Any insurance claims are assigned to us with immediate effect. We have an extensive right to information regarding the content and form of all matters concerning changes in the reservation of title and assigned claims. At our request the purchaser is obliged to inform his buyer of any assignment to us.
8. Defects and warranty.
Minor variations in size and design are not considered grounds for complaint. The materials processed need not be superior to average kind and quality.
This also applies to processing itself. The purchaser must note any special requirements beyond this in the purchase order, so that we, the manufacturer, have the opportunity to cater to these special requirements. In the event of a justified notice of defect, we will at our choice revoke the contract, make improvements to the goods complained of or supply a replacement. We will bear all relevant costs. If we fail to make improvements or supply a replacement, the purchaser may demand reduction of the price or withdraw from the contract. Damages may only be claimed against
us in cases of deliberate or grossly negligent breach of contract. In the case of damage during transit, the purchaser must, without delay, record the damage with the forwarder or the body responsible and inform us. The statutory periods of warranty apply.
If we offer a separate guarantee for certain products, this is a functional guarantee, which is defined as follows: Within the guarantee period, spare parts will be supplied against return and inspection of the parts complained about without charge. The guarantee period is not interrupted by any guarantee service provided. The guarantee does not cover usual wear and tear on expendable parts (e.g. rollers, cover fabrics, etc.). Also excluded from the guarantee are defects which are due to
– careless handling (e.g. impact damage, tearing damage)
– non-compliance with the operating instructions
– extreme climatic conditions (such as heat, humidity, etc.).
The basis for calculating the guarantee is a daily use of 8 hours, 5 days a week. If the product is used in shift operation, the guarantee period is reduced according.
9. Place of performance and transfer of risk.
The place of fulfillment is the named destination. When the goods ready for unloading are made available at the named destination, the risk is in any case transferred to the buyer. The place of fulfillment for payment is our company’s cash desk.
All data, photographs, and diagrams enjoy copyright protection. Duplication or modification require prior written permission by the company. Any non-authorised processing, reproduction, circulation or publication constitutes a breach of the afore-mentioned legal regulations and may lead to prosecution.
11. Place of jurisdiction.
The place of jurisdiction is the Local Court of 92318 Neumarkt or the Regional Court of 90402 Nuremberg for all legal disputes, including any action
relating to payment of bills of exchange or cheques, unless exclusive jurisdiction exists by law.
12. The law of the Federal Republic of Germany applies.
This is an English translation for information purposes only. For all legal purposes reference.
Updated 11/2019 Hammerbacher GmbH