General Terms and Conditions
General Terms and Conditions of HAT - Drive Technology
I.) Validity of these Terms and Conditions
These business terms and conditions are only valid in accordance with businesses in terms of 310, paragraph 1 BGB (German Civil Code). Any contrary or deviating conditions on the part of the customer shall not be binding on us if we have not expressly recognised them in written form.
II.) Placing of Orders
An order is only considered as placed if it is immediately confirmed by our company in written form. The delivery of smaller orders will be carried out within 48 hours. At this, the confirmation of the order takes place by means of the dispatch of the shipping note. The acceptance of the order of bulk orders is carried out by means of written order confirmation, including indication of the delivery time. Additions, changes or verbal sub-agreements expressly need our written confirmation to be valid. Orders once placed are irrevocable.
III.) Terms of Delivery and Dispatch
The size/amount/range of the delivery results from the written order confirmation or from dispatch. With this day, the risk is passed over to the customer. This is irrespectively valid whether the dispatch of the goods is carried out from the place of delivery or who bears the costs. On receipt of the goods, it is essential that the customer checks them for completeness. Lost or damaged goods during transportation are handled by us like a new shipment against calculation of the current valid rates.
IV.) Delivery Time
The adherence of the delivery time requires the customer´s fulfilment of the contractual obligation. The time of delivery is met if the delivery item has been dispatched or the readiness for shipment is notified. Act of nature beyond control, unforeseen events and interferences that are not under our control, entitle us to extend the time of delivery accordingly or withdraw from the contract. The entitlement to claims is excluded.
V.) Prices
All our prices are ex works plus valid value-added tax and do not include freight, postage and insurance. The forwarding charges comply with the scale price list of DPD (German Parcel Service). Change of prices in the order confirmation is possible if there is an unforeseen increase of the cost price after receipt of the order confirmation.
VI.) Terms of Payment
All payments are to be remitted strictly net in Euros according to our order confirmations / invoices. If the customer falls behind schedule with payment of the invoices, then there will be an 8% interest charge on the invoice amount above the particular base rate. The right of retention or offset against our pecuniary claim is only given if the customer has undisputed or legally established counter claims at the time on maturity of the invoices. Are there considerable / significant financial difficulties on the part of the customer after conclusion of a contract or if we get the information thereof after conclusion of a contract, we can withdraw from the contract if the customer refuses to clear the endangerment of the subject of the contract by means of security deposit within the period stipulated. In this case we are entitled to the right of retention of the goods.
VII.) Retention of Title We reserve the ownership of the delivered items until complete payment of all receivables of the contract. This is also valid for further deliveries even though we do not refer to that specifically. We are entitled to take back the goods if the customer acts contrary to contract. VIII.) Guarantee and Notice of Defects The customer has to check the delivered goods immediately after receipt. Statutory warranty rights of the customer require that the customer, according to 377 HGB (German Commercial Code), complies with the owing checking and reproof obligations accordingly. Should there be complaints despite highest attention, then, according to 377 HGB (German Commercial Code), obvious defects have to be claimed immediately, however within 14 days after receipt of the goods at the latest. Latent defects have to be claimed immediately after detection. Otherwise the goods are considered to be approved. The period of defect notification regarding latent defects is 12 months. The start of the deadline is the legal start of limitation and regulation. Should the delivered goods have any defects, which already existed at the time of transfer of risk, despite extraordinary diligence, we will supply substitute goods subject to due time letter of complaint. We always have to have the possibility for supplementary performance within appropriate period of time. Warranty claims are not valid for irrelevant differences of the agreed condition of the goods, irrelevant impairment of usability, wear and tear or abrasive wear like for damages that occur after the transfer of risk due to incorrect or careless handling, heavy duty, inadequate equipment or due to specific outside influences. The guarantee period of time is one year calculated from transfer of risk. Further or other as in paragraph VIII regulated claims of the customer against us, due to defects, are excluded. IX.) Place of Fulfilment and Jurisdiction Place of fulfilment and jurisdiction is Eisenach. Furthermore, it is our liberty to institute legal proceedings at the place of general jurisdiction of the customer.
HELLER ANTRIEBS TECHNIK
Am Goldberg 2
D-99817 Eisenach,Germany
Telefon: +49- (0)3691 621 141
Fax: +49- (0)3691 621 149
