Terms & Conditions

We sell only to business customers.

General Terms and Conditions of Business of Friedrich Hahne - technische Schneidartikel e.K..

General
1. Our offers are addressed exclusively to entrepreneurs within the meaning of § 14 BGB (Civil Code), i.e. any natural or legal person or business partnership which acts in pursuance of its professional activities as a trader or self-employed person when concluding a legal transaction. They alone are customers within the meaning of these General Terms and Conditions of Business.
2. These conditions shall apply exclusively for all offers, deliveries and services, even those in the future, of Friedrich Hahne - technische Schneidartikel e.K., Hillesheim 47, 53804 Much (hereinafter referred to as Friedrich Hahne Schneidartikel). They shall apply insofar as the customer is a merchant within the meaning of the HGB (German Commercial Code), including all future business relationships even if they are not expressly agreed again. The type and scope of the respective performance that is due shall be agreed by a separate contract.
3. Any different conditions of the ordering party shall only ever become effective upon our written confirmation. Our employees are not authorised to enter into verbal ancillary agreements or to give verbal assurances that go beyond the content of the respective contract, including these General Terms and Conditions.
Subject of the agreement
1. We render all performances exclusively on the basis of the provisions of this agreement and the respective individual contracts concluded in respect of the relevant performance.
2. The customer's purchase orders may be placed by telephone, e-mail, fax or by letter and they constitute a binding offer to us for conclusion of a contract. The contract shall only come into existence when we accept the customer's binding purchase order by delivering the goods or if we confirm acceptance to the customer in text form or by a separate communication. We shall be entitled to accept the customer's contract offer within 10 days after receipt.
3. We reserve the right to make minor technical changes to the ordered goods as well as changes in form, colour and/or weight within the framework of what is reasonable for the customer.
Prices
1. The prices stated in the offers are ex-works for deliveries and they do not include packaging and freight costs or VAT. Insofar as a delivery is to be made more than four months after conclusion of the contract at the customer's request, we may withdraw from the contract in the case of unforeseen price increases in the material or delivery price if no agreement is reached concerning an appropriate increase in remuneration. Compensation claims due to non-fulfilment cannot be asserted by the ordering party in this case unless we have operated in a way that is intentional or with gross negligence.
Terms of payment
1. Unless otherwise agreed in writing, our invoices are payable without deduction within 14 days after the date of the invoice.
2. The ordering party shall have no right of retention insofar as it is not based on the same contractual relationship. Bills of exchange, checks and other payment instruction documents shall only be accepted for the purpose of performance und without liability for protest and only on condition of discountability.
3. If we become aware of facts that suggest a low credit standing on the part of the ordering party, we shall have the right after conclusion of the contract, and beyond Art. 321 BGB, to demand immediate, adequate collateral or payments of the claims. If the ordering party is in delay with a part of his obligations, we shall be entitled to declare that all our claims are due immediately and, for the sake of security, to demand the transfer of goods delivered by us with reservation of ownership. Subject to the assertion of further rights, in the case of delay we shall be entitled to charge penalty interest at 9% above the prevailing base rate.
Delivery
1. The delivery deadlines and the delivery periods confirmed by us are determined on the basis of the prevailing supply situation and to the best of our knowledge. Insofar as a binding delivery time has been stated or agreed and it cannot be adhered to by us contrary to expectations, we shall notify the ordering party immediately about the delay in delivery.
2. Insofar as we are aware of it, this information provided to the ordering party shall include the new delivery date. If the delay in delivery is due to a circumstance for which we are responsible, the ordering party shall be free to wait for the goods or to cancel the purchase order. In the case of cancellation any consideration already rendered shall be reimbursed immediately.
3. If we are prevented from delivery by force majeure, strike, impediments beyond our control or other circumstances for which we are not responsible, these factors shall extend the agreed delivery period by the duration of the hindrance and shall not result in the status of delayed delivery.
4. When the goods are dispatched the risk shall be transferred to the recipient even if freight-free delivery is agreed and even if the dispatch is not effected from the place of performance in accordance with the provisions. Transport insurance shall be taken out only at the express request and cost of the ordering party.
Warranty
1. In respect of defects present in goods supplied by us at the time of transfer we shall render subsequent improvement or replacement delivery depending on our choice. If the attempt at subsequent fulfilment fails on the second attempt, the ordering party may, depending on their choice, reduce the purchase price, and if the other requirements exist they may withdraw from the contract or demand compensation instead of performance.
2. Obvious defects must be notified by the ordering party in writing within a period of seven days after receipt of the goods; otherwise assertion of the warranty claim in relation to such defects shall be excluded. In order to keep the deadline, despatching the notice of defects in good time shall suffice. The ordering party shall bear the burden of proof for all requirements for claims, in particular for the defect itself, the time when the defect was ascertained and for punctuality of the complaint about defects.
3. The warranty period shall be one year from the time of delivery of the goods. Any claims due to losses arising from injury to life, the body or the health which are based on intentional or negligent breach of duty as well as claims based on other loss or damage due to intentional or grossly negligent breach of duty shall not be affected by this.
4. As a matter of principle, warranty claims shall be limited to subsequent fulfilment of the defective performance as such and shall not include compensation for loss or damage resulting from defects, dismantling and assembly costs or costs in connection with installation or commissioning of items supplied by way of subsequent fulfilment.
5. Otherwise, the statutory provisions for liability for defects shall apply.
Reservation of ownership
1. Our deliveries shall be made exclusively with reservation of ownership. Ownership of supplied goods shall be transferred to the ordering party only when all claims from the business relationship have been discharged.
2. The ordering party shall be required to handle the goods with care during the reservation of ownership.
3. The ordering party shall further be required to notify us immediately about any access by third parties to the goods, for example in the case of seizure, as well as any damage or destruction of the goods. A change of owner of the goods or change of the ordering party's place of residence must be notified to us by the ordering party immediately.
4. We shall be entitled in the case of conduct by the ordering party in breach of contract, in particular in the case of delayed payment or breach of a duty in accordance with paragraphs (2) and (3) of this provision during the time of reservation of ownership to withdraw from the contract and to demand return of the goods.
5. The ordering party shall be entitled to sell the goods by way of proper business procedure. They to us already now assign any claims due to them by a third party as a result of the resale in the amount of the invoice. We accept the assignment. After the assignment the ordering party shall be entitled to collect the claim. We reserve the right to collect the claim itself once the ordering party does not duly comply with their payment obligations and falls into arrears with payment.
Liability
1. We shall have unlimited liability in accordance with the statutory provisions for damage to life, body and health due to a negligent or intentional breach of duty by us, our legal representatives and vicarious agents and for loss or damage covered by liability under the Produkthaftungsgesetz (Product Liability Act). We shall be liable in accordance with the statutory provisions for loss or damage not covered by sentence 1 and which is due to intentional or grossly negligent breaches of contract as well as dishonesty by us, our legal representatives or vicarious agents. For loss or damage due to absence of a warranted quality which does not arise directly from the goods we shall only be liable if the risk of such loss or damage is evident from the warranty for the quality.
2. We shall also be liable for loss or damage caused by ordinary negligence insofar as the loss or damage arising in this way is due to a breach of rights that are to be granted to the ordering party in accordance with the content and purpose of the relevant contract and/or insofar as the loss or damage arising in this way is due to a breach of duty the fulfilment of which makes proper implementation of the contract possible at all and upon compliance with which the contractual partner can rely as a matter of course (cardinal duties).
3. Any further liability shall be excluded irrespective of the legal nature of the claim asserted.
Place of performance in place of jurisdiction
1. The place of performance for all disputes from this contract shall be Much.
2. In the case of agreements with merchants, i.e. ordering parties, who engage in trading activities or are classified as merchants in terms of the German Commercial Code for any other reason, as well as with legal persons governed by public law, Siegburg shall be the exclusive place of jurisdiction for any disputes directly or indirectly arising from the contractual relationship.
3. The law prevailing in the Federal Republic of Germany shall apply with exclusion of UN sales law.