AGB of Härtel Wasser
General Terms and Conditions of Härtel Wasser
Scope of application We only conclude contracts based on our currently valid General Terms and Conditions. Our terms and conditions do not apply to consumers. Once the customer has received our terms and conditions, they apply to all subsequent business transactions. New versions apply from our written notice of change.
change notice. Conflicting, deviating or unilateral terms and conditions of the customer are not binding on us, even if we do not expressly object to them or, regardless of this, provide or accept services without reservation, unless we have expressly agreed to them in writing in individual cases
Offer validity Our offers are valid for 30 days from the date of creation. Unless a different deadline is specified in the offer. After this has expired, an updated offer must be requested.
Conclusion of contract Our terms of contract and payment from Härtel Laser + Wasser GmbH & Co. KG apply exclusively. Change requests are prior to placing an order, discuss with us. The new status is then sent to the customer in an updated offer. Further subsequent changes that have not been mutually agreed do not have any legal validity. Upon written request, an order confirmation will be sent in writing. Our order confirmation or invoice is decisive for the scope of the contract.
Prices Our prices are ex works or ex warehouse and do not include packaging, freight, postage, insurance and transport insurance, unless otherwise agreed. Added to this is sales tax. In the case of agreed deliveries abroad (within the EU and third countries), the customer pays the customary taxes such as VAT and other taxes, customs clearance himself
The respective taxes for your country are not included on this machine. Export delivery to third countries takes place according to §6 paragraph 1 sentence 1 no. 2 UStG. Each customer is obliged to inform us immediately of their sales tax identification number (USt-ID). So that a proper invoice can be created.
terms of payment. The terms of payment of Härtel Laser + Wasser GmbH & Co. KG apply exclusively. Change requests are prior to placing an order, discuss with us. The new status is then sent to the customer in an updated offer. Further subsequent changes that have not been mutually agreed do not have any legal validity.
Payments Payments are to be made in EURO free of deductions, expenses and free of charge to a bank institute designated by us. Payment and discount periods granted by us begin with the invoice date. Agreed discount deductions are only permissible if our customer is not in arrears with other claims from our business relationship. Receipt of the transfer order by the customer's bank with sufficient funds in the account is decisive for the timeliness of the payment.
Checks are generally not accepted.
We reserve the right to use payments to repay the oldest due invoice items including the interest and costs incurred in the order: costs, interest, principal claim.
If the customer does not pay immediately or at the latest within five to seven days after receipt of our invoice/notification that the goods are ready for collection or, in the case of a specially agreed delivery, two days after delivery, he is in default, unless he goes first our invoice is too high or an agreed payment date has previously expired. In these cases, the customer is already in default if he does not effect payment no later than one day after receipt of the invoice or on the payment date. In the event of default, we initially calculate interest on the due date in commercial business transactions from the due date 6% points pa; Interest on arrears at a rate of 10% pa above the respective base interest rate shall apply from the date of default.
In principle, payment terms such as a supplier credit or other type should be considered instead of financing by a bank. (commercial credit, commercial credit) It is a credit that a Supplier (creditor) its customers (debtors) by granting a term of payment for the settlement of his invoice. A basic entitlement to this type of financing over 30 days / 60 days / 90 days / 120 days does not exist.
Addition to terms of payment Basically, payment terms are like a Supplier credit or other type instead of bank financing consider. (commercial credit, commercial credit) It is a credit that a Supplier (creditor) its customers (debtors) by granting a term of payment for the settlement of his invoice. A basic entitlement to this type of financing over 30 days / 60 days / 90 days / 120 days does not exist.
Counterclaim The customer can only offset against our claims if his counterclaim is undisputed or has been legally established or is ready for a decision. The same applies to the assertion of a right to refuse performance or a right of retention. In addition, the customer can only base a right of retention on claims from the same contractual relationship on which his obligation is based and can only assert such a right if we have not provided adequate security despite a written request from the customer.
Warranty This Warranty for 12 / 24 / 36 months, depending on the supplier, applies from the delivery date and for regular single-shift operation a 7.5 operating hours. Only includes all parts except wear parts. Liability for operational wear and tear and for consumable and wear parts is excluded. The return of defective spare parts for testing (if necessary) is free of charge for us.
Loss of warranty During the warranty period, only original spare parts from the manufacturer may be used. Otherwise the warranty will be lost.
Delivery / risk of performance Delivery and shipping are ex works / storage location, unpackaged and at the risk of the customer. After the risk has passed, we are not liable for loss, destruction or damage. Additional costs arising from the customer's special shipping requests will be borne by him.
Fixed dates for express deliveries require our written confirmation. Delays in delivery can occur due to labor disputes and unforeseeable extraordinary events such as pandemics, traffic disruptions, etc. These fully release us from the obligation to deliver for the duration of their explanations or in the event of impossibility, insofar as we are not responsible for the disruption.
Returns Returns are only accepted after written notification and our prior acceptance
confirmation accepted. They are carried out at the expense and risk of the customer, unless the returned goods are defective.
Transport or delivery damage If a machine/accessory is delivered damaged by a forwarding agent commissioned by us, this damage must be recorded and signed by the forwarding agent immediately. This damage must be reported to us immediately or within 3-5 days. A copy of the damage report (forwarding agency) and photos must also be sent to us immediately by email to e-mail@haertel-wasser.de. Damage reports that are submitted later or without proof cannot be accepted.
Defects in delivery If there is a defect in the delivered goods, the customer is only entitled to demand rectification of the goods. Subsequent delivery is excluded, since this would regularly cause disproportionate costs and the customer does not suffer any significant disadvantages by excluding subsequent delivery. Alternatively, we can also deliver a defect-free item
Liability If a purchased or ordered machine / accessories (stock goods or goods that are only produced) of the customer (according to the present offer) is not accepted, accepted or canceled, we can demand compensation for non-acceptance in the amount of 20% of the purchase price; We reserve the right to assert further damage. The customer is permitted to prove that the damage was less.
Claims for damages by the customer, for whatever legal reason, as well as claims for reimbursement of wasted expenses are excluded, unless the cause of the damage is based either on an intentional or grossly negligent breach of duty or on an at least negligent breach of a contractual obligation, the fulfillment of which characterizes the contract and on which the customer may trust (essential contractual obligation); In the latter case, the amount of liability is limited to the damage that was foreseeable and typical for the contract at the time the contract was concluded.
The above limitation of liability according to Section 8.2 also applies to the personal liability of our employees, representatives and organs as well as to our vicarious agents
Retention of title The object of purchase remains the seller's security property until all claims - including all balance claims to which the seller is entitled from overdrafts - which the seller is entitled to against the buyer for any legal reason now or in the future have been met. Thus we have the right to get our property back irrevocably.
The customer is obliged to carefully store the reserved goods for us, to maintain them at his own expense, to repair them and to insure them against loss and damage at the replacement value to the extent customary for a diligent businessman and to notify us of this immediately upon request by written confirmation of the customer to be proven by the insurer
The customer is entitled to dispose of the reserved goods in the ordinary course of business as long as he is not in default of payment. The customer is obliged to secure our rights in the amount of the secured claims when reselling the reserved goods, insofar as this is feasible in the ordinary course of business. This can happen if the customer makes the transfer of ownership of the goods sold by him to his customers dependent on their full payment
Design changes We reserve the right to make design changes for technical improvement without prior notice. Accordingly, technical data from offers, brochures, advertising, etc. are subject to change and non-binding. Color specifications are non-binding.
The place of performance is our head office in 42659 Solingen. The place of jurisdiction for all disputes arising from commercial transactions with registered traders and legal entities under public law for both parties is our head office in 42659 Solingen (§ 38 ZPO). -. We can also claim against our customer at his general place of jurisdiction.
jurisprudence German law applies. The Convention of the Agreed Nations of April 11, 1980 on Contracts for the International Sale of Goods (CISG “Vienna Sales Convention”) is excluded.
Severability clause If individual provisions of these conditions or the delivery transaction are or become wholly or partially invalid, this shall not affect the validity of the remaining provisions or other parts of such clauses.