Terms of delivery and payment of Huber Technik GmbH & Co. KG, Erding
Our terms of sale are valid exclusively; we do not accept any conditions of the customer that conflict with or deviate from our terms of sale, unless we have expressly agreed to their validity. Our terms of sale are also valid if we carry out the delivery to the purchaser without reservation, knowing that the terms of the customer conflict with or deviate from our terms 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 only obligatory for the content of the order placed by the customer. Verbal agreements or assurances of any kind require our express written confirmation to be effective.
§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. The use or marketing of the goods for other purposes is not permitted.
- In the event that the rubber sheeting is used by the buyer in breach of the contract for a purpose other than that stated above, the buyer shall reimburse the seller in full for any resulting damage and shall indemnify the seller in full against any claims by third parties, irrespective of the legal grounds. This also includes any necessary court and legal costs.
§4 Delivery conditions
- If nothing else results from our order confirmation, “delivery” is EXW, i.e. from our factory in Erding.
- The costs of packaging, possibly shipping (loading and transport) are at customers expense.
- We will keep the agreed delivery times as far as possible. If we are unable to comply our delivery dates, the customer will grant us a reasonable grace period for delivery, which must be at least 2 weeks long. If we are not to blame for the non-compliance with the agreed delivery time, the customer is not entitled to withdraw from the contract or to assert claims for damages.
- Cases of force majeure, operational disruptions, lack of raw materials release us at our discretion completely or for the duration of our delivery obligation.
§5 Prices – terms of payment
- Our prices apply ex works Erding.
- The statutory value added tax is not included in our prices; it is shown separately on the invoice at the statutory rate on the day of invoicing and must be paid by the customer in addition to the offer prices.
- Our invoice or equivalent payment schedule is due for payment at the latest within 30 days after receipt and receipt of our delivery, as printed in our order confirmation. After 30 days, payment is delayed without the need for a separate reminder.
- In the event of a delay in payment, our claim for remuneration for the year shall be subject to interest at 9 percentage points above the base rate. The assertion of further damage remains reserved.
- We do not accept bills of exchange.
- Foreign or inland checks are only accepted on account of performance and only in the event of a prior agreement.
- The purchaser is only entitled to offset if his counterclaims are undisputed or have been legally established.
§6 Retention title of security
- We retain ownership of the purchased item until full payment of our associated invoice has been received. The ownership is transferred from us only under the condition precedent of full payment.
- In the event of late payment by the customer, we are entitled to retract the purchased item after the contract has ended (e.g. withdrawal, compensation, etc.). In case of doubt, the retrieval of the purchased item by us is to be interpreted as a withdrawal from the contract, whereby this does not mean the waiver of further claims for damages.
- During the existence of our retention of title, the customer is entitled to resell the purchased item in the ordinary course of business. However, the customer hereby assigns to us the amount of the final invoice amount (including VAT) on our invoice that arises from the resale against his customer or third parties, irrespective of whether the purchased item was resold to him without or after processing is. The customer remains initially authorized to collect his claims even after he has assigned them to us. Our authority to collect the claim itself remains unaffected. However, we undertake not to disclose and not collect the claims we have assigned to our customers, as long as the customer meets our payment obligations from the proceeds received, is not in default and, in particular, has not submitted an application to open insolvency or settlement proceedings, or his payment is suspended. If this is the case, we are entitled to disclose to his customers the claims assigned to us to collect them. In this case, the purchaser is obliged to inform us of the assigned claim and its debtors, to provide us with all the information necessary for collection, to hand over the associated documents and to notify the debtor (third party) of the assignment.
- The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing.
- In the event of attachments or other interventions by third parties in our purchased goods, the customer must immediately notify us in writing so that we can file a complaint in accordance with. § 771 ZPO, otherwise he is obliged to compensate us.
- We undertake to release the collateral to which we are entitled immediately upon payment of our invoice amount to the customer.
§7 Warranty for defects
- If the purchased item has a material defect on delivery for which we are responsible (handover or at the request of the customer when executing the dispatch or when handing it over to a dispatch company), i.e. especially
- if the purchased item does not correspond to the contractually agreed quality, or
- if the purchased item does not correspond to the contractually intended purpose, or
- if the purchased item is not suitable for normal use,
we are responsible for supplementary performance at the request of the customer. As part of supplementary performance, we are entitled to remedy the defect or to deliver a defect-free item at our discretion. If the subsequent performance fails twice, the purchaser is entitled to the statutory claims. If the subsequent performance is only possible for us with disproportionate costs, we can refuse it.
The purchaser must examine the purchased item immediately upon receipt of the delivery. If the purchased item has a recognizable error, the purchaser must notify us immediately.
- The purchaser must examine the purchased item immediately upon receipt of the delivery. If the purchased item has a recognizable error, the purchaser must notify us immediately.
- If the purchaser has moved the purchased item to a more distant location than the place of performance, all additional costs that arise from the fact that the fault must be remedied at the more distant location shall be borne by the purchaser.
- We can no longer accept a guarantee if
- the goods delivered by us have been repaired, processed, converted or changed by a third-party company,
- the damage after delivery is due to improper handling or accident or other circumstances for which we are not responsible.
In these cases, we are only liable within the scope of the warranty if the customer can prove to us that the aforementioned work by third-party companies or the aforementioned incidents cannot be the cause of the warranty case reported.
- The customer’s claims for defects expire after two years. The period begins with the delivery of the goods.
- The technical information provided by us on technical rubber products (e.g. dimensions, weights, physical and chemical properties, usage value, etc.) merely represent descriptions or markings and do not represent an agreed quality. We would like to point out that the information given is an average.
§8 Engineering drawings
Calculations, drawings, plans and offer documents remain our property. A template is only intended for the customer. They may not be copied, passed on or made accessible to third parties for inspection. Violations are prosecuted from the point of view of copyright infringement.
§9 Limitation of disclaimers and limitations / limits of liability
- Insofar as a disclaimer or limitation of liability is contained in the present delivery and payment conditions, this does not apply to liability for damage resulting from injury to life, limb or health, which is based on an intentional or negligent breach of duty by the user or a deliberate 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 damage 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 liability exclusions or limitations of liability apply.
- In addition, in the event of a violation of other obligations, the liability of the user is limited to contract-typical, foreseeable damage.
§10 Guarantee agreements
All descriptions, commitments, etc. that we make to the customer on offers or within the framework of contracts are not guarantees. Guarantees are only deemed to be agreed if they are expressly designated and agreed as such.
§11 Data protection
As part of our contact / service provision, we usually store the following personal data:
Company name, contact person, address, telephone number, fax number, e-mail address, account details etc. (This list does not claim to be complete.) You can view our data protection policy at the following link: https://www.huber-technik.de /data protection/
If you have any questions, information claims 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 email to firstname.lastname@example.org.
§12 Place of performance and jurisdiction
The place of performance and jurisdiction is our registered office in Erding.
If there are any discrepancies from these terms and conditions, the German terms and conditions apply in case of doubt.
Erding, in March 2021