Conditions

Terms of delivery and payment of the company Huber Technik GmbH & Co. KG, Erding

§1 General

Our terms and conditions of sale shall apply exclusively. We shall not recognize any terms and conditions of the customer that conflict with or deviate from our terms and conditions of sale, unless we have expressly agreed to their validity. Our Terms and Conditions of Sale shall also apply if we make delivery to the Purchaser without reservation in the knowledge that the Purchaser’s terms and conditions conflict with or deviate from our Terms and Conditions of Sale. UN law is expressly excluded.

§2 Conclusion of contract

All agreements made between us and the customer for the purpose of executing the contract are set out in our order confirmation.
Our order confirmation is solely binding for the content of the order placed with us by the customer. Verbal agreements or assurances of any kind require our express written confirmation in order to be valid.

§3 Intended

Use The rubber sheeting sold is intended exclusively for use in agriculture as cubicle flooring for dairy cattle or as walkway flooring for dairy cattle. Use or marketing of the goods for other purposes is not permitted.
In the event that the rubber sheeting is used by the Buyer for a purpose other than the above-mentioned purpose in violation of the contract, the Buyer shall fully reimburse the Seller for any damage resulting therefrom and shall fully indemnify the Seller against any claims of third parties, irrespective of the legal grounds. This also includes any necessary court and legal costs.

§4 Terms of Delivery

Unless otherwise stated in our order confirmation, “Delivery” shall be EXW, i.e. ex our factory in Erding.
The costs of packaging, any shipping (loading and transport) shall be borne by the purchaser.
Agreed delivery times will be kept by us as far as possible. If we are unable to meet our delivery dates, the purchaser shall grant us a reasonable period of grace for delivery, which must be at least 2 weeks long. In the event of non-compliance with the agreed delivery time for which we are not responsible, the purchaser shall not be entitled to withdraw from the contract or to assert claims for damages.
Cases of force majeure, operational disruptions, shortages of raw materials shall, at our discretion, release us from our obligation to deliver either completely or for their duration.

§5 Prices – Terms of Payment

Our prices are ex works Erding.
The statutory value added tax is not included in our prices; it is shown separately in the invoice at the statutory rate on the day of invoicing and must be paid by the purchaser in addition to the offer prices.
Our invoice or equivalent payment schedule must be received in accordance with the imprint in our order confirmation within 30 days of receipt and receipt of of our delivery. After expiry of 30 days, default in payment shall occur without the need for a separate reminder.
In the event of default in payment, interest shall be charged on our claim for payment for the year at 9 percentage points above the base interest rate. We reserve the right to claim further damages.
We do not accept the acceptance of bills of exchange.
The acceptance of foreign or German cheques shall only take place on account of performance and only in the event of a prior agreement.
The customer shall only be entitled to a right of set-off if his counterclaims are undisputed or have been legally established.

§6 Retention of Title

We retain title to the purchased goods until receipt of full payment of our related invoice. Ownership shall only pass from us under the condition precedent of full payment.
In the event of default of payment by the customer, we shall be entitled to retrieve the object of sale after termination of the contract (e.g. rescission, compensation for damages, etc.). In case of doubt, the retrieval of the object of sale by us shall be interpreted as a withdrawal from the contract,. Whereby this shall not be construed as a waiver of the further assertion of claims for damages.
During the existence of our reservation of title, the customer shall be entitled to resell the object of sale in the ordinary course of business. However, he already now assigns to us in the amount of the final invoice amount (including VAT) of our invoice his claim accruing to him from the resale against his customer or third parties, irrespective of whether the object of sale has been resold to him without or after processing. The customer shall initially remain authorized to collect his claim even after it has been assigned to us. Our authority to collect the claim ourselves shall remain unaffected. However, we undertake not to disclose his claim assigned to us to his customers and not to collect it as long as the customer meets his payment obligations to us from the proceeds collected, is not in default of payment and, in particular, has not filed for insolvency or composition proceedings, or his payments have been suspended. If this is the case, we shall be entitled vis-à-vis his customers to disclose his claim assigned to us for collection thereof. In this case, the customer shall be obliged to disclose to us the assigned claim and its debtor, to provide us with all information necessary for collection, to hand over to us the relevant documents and to notify the debtor (third party) of the assignment. The processing or transformation of the object of sale by the customer shall always be carried out for us.
If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the value of the object of sale (final invoice amount, including VAT) to the other processed objects at the time of processing.
In the event of seizures or other interventions by third parties in our object of sale, the customer shall notify us immediately in writing so that we can bring an action in accordance with § 771 of the German Code of Civil Procedure (ZPO), otherwise the customer shall be obliged to compensate us for damages.
We undertake to release the securities to which we are entitled to the purchaser immediately upon payment of our invoice amount.

§7 Warranty against defects

If the object of sale has a material defect for which we are responsible at the time of delivery (handover or, at the customer’s request, at the time of shipment or handover to a shipping company), i.e. in particular
1. if the object of sale does not correspond to the contractually agreed quality,
2. or if the object of sale does not correspond to the contractually agreed purpose,
3. or if the object of sale is not suitable for normal use,

we shall be obliged to provide subsequent performance at the customer’s request. Within the scope of subsequent performance, we shall be entitled to remedy the defect or, at our option, to deliver a defect-free item. If the subsequent performance fails twice, the customer shall be entitled to the statutory claims. Our conditions also includes, if subsequent performance is only possible at disproportionate cost to us, we may refuse it.

The customer shall inspect the purchased goods immediately upon receipt of delivery. If the object of sale has a recognizable defect, the customer shall notify us thereof without delay.
If the Purchaser has transported the purchased goods to a place other than the place of performance, any additional costs arising from the fact that the defect has to be remedied at the more distant place shall be borne by the Purchaser.
We can no longer assume a warranty
1. if the goods delivered by us have been repaired, processed, rebuilt or modified by a third party,
2. if the damage after delivery is due to improper handling or accident or other circumstances for which we are not responsible.

In these cases, we shall only be liable under the warranty if the customer proves to us that the aforementioned work of the third-party companies or the aforementioned incidents cannot be the cause of the reported warranty case.

The purchaser’s claims for defects shall become statute-barred after two years. The period begins with the delivery of the goods.
The technical information provided by us on rubber-technical products (e.g. dimensions, weights, physical and chemical properties, utility value, etc.) are merely descriptions or markings and do not represent agreed properties. We point out that the data are average values.

§8 Drawings

Calculations, drawings, plans and offer documents remain our property. A template is only intended for the purchaser. They may not be copied or made available to third parties for inspection. Violations will be prosecuted under the aspect of copyright infringement.

§9 Limitation of Liability Exclusions and Limitations / Limits of Liability

To the extent that an exclusion or limitation of liability is contained in these Terms and Conditions of Delivery and Payment, such exclusion or limitation shall not apply in the case of liability for damages arising from injury to life, limb or health that are based on an intentional or negligent breach of duty by the user or an intentional or negligent breach of duty by a legal representative or vicarious agent of the user.
The same applies to the exclusion or limitation of liability for other damages based on an intentional or grossly negligent breach of duty by the user or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the user.
In the event of a breach of essential contractual obligations, in particular cardinal obligations, no exclusions or limitations of liability shall apply.
Otherwise, in the event of a breach of other obligations, the liability of the user shall be limited to foreseeable damage typical of the contract.

§10 Guarantee agreements

All descriptions, promises, etc. made by us to the purchaser in offers or within the framework of contracts are not guarantees. Guarantees shall only be deemed to have been agreed if they are expressly designated and agreed as such.

§11 Data protection

In the context of our contacting/service provision, we generally store the following personal data: Company name, contact person, address, telephone number, fax number, e-mail address, account data, etc. (This list does not claim to be complete.) You can view our data protection policy here.

If you have any questions, require information or wish to receive our information letter by post, please contact our data protection officer. You can reach him at our company address or by e-mail at datenschutz@huber-technik.de.

§12 Place of performance and jurisdiction

The place of performance and jurisdiction is our registered office in Erding.

Erding, January 2024