TERMS OF SALE AND DELIVERY
1. Our following terms of sale and delivery apply to all our deliveries and services. The purchaser agrees to the acceptance of these conditions without contradicting their validity for all future deliveries and services.
2. We do not accept any conflicting or deviating conditions of the customer, unless we have expressly agreed to their validity in writing. This also applies in the event that they are transmitted by letter of confirmation.
3. Additional agreements, changes, deviations or exclusions from our conditions require our written confirmation in order to be valid. 4. Our offers are non-binding unless otherwise expressly agreed. Additional agreements and changes require our written confirmation.
1. FCA (Incoterms 2010), plus the value added tax applicable on the day of delivery.
2. The calculation is based on the weights, quantities and quantities determined by us, unless the customer objects immediately.
3. The confirmed prices are based on the prices valid at the time.
1. The invoice amount is payable on the due date without deduction. The due date of the payment is calculated after the invoice date. Timely payment has been made by us on the date of receipt of the money. Unless otherwise agreed in writing our payment conditions: 30 days net. The deduction of other discounts and discounts requires a written agreement. A discount on new invoices is excluded, as soon as the due date has not been paid.
2. If the customer is in default of payment, 8% above the base rate.
3. Bills of exchange are only accepted after agreement and only on account of performance. Discount and bill charges are charged to the customer. The rejection of checks remains open. All associated costs shall be borne by the purchaser.
4. A right of retention or set-up of the customer exists only with regard to such counterclaims, which are not disputed or legally established. A right of retention is the buyer only for claims from the same contractual relationship.
5. If so, what do you do with the creditworthiness of the customer, we will be entitled, without prejudice to any further legal rights, to the immediate payment of all claims based on the same legal relationship, as well as outstanding deliveries, advance payments.
1. Unless expressly agree otherwise, the delivery shall be ex works or our delivery warehouse.
2. In the case of contract manufacturing of customized articles, we reserve the right to make excess deliveries of up to 10% of the confirmed delivery quantity, but up to a maximum of 1000 kilograms.
3. If shipping or delivery is delayed at the customer’s request, the resulting storage costs will be charged to the customer. After the period of expiration of a reasonable grace period, we are entitled to the goods elsewhere at the risk and expense of the customer and to make them available to the customer.
4. Partial deliveries and deliveries that are reasonable for the purchaser before expiry of the delivery time are permissible.
5. The issuing of quantity contracts (call orders) is possible.
6. In cases of force majeure, the delivery or performance period for the duration of the disability is extended. Force majeure includes strikes, lockouts, blocks, import and export bans, traffic closures, shortages of energy and raw materials, was warlike conditions and was, regardless of whether they join us or one of our subcontractors. Beginning and end of the hangs we inform the customer immediately. If this delays the delivery by more than two months, both are entitled to withdraw from the contract to the exclusion of further claims.
7. In case of delay in delivery, the purchaser has in advance, declaring that he refuses to accept the delivery after the deadline. Which will be responsible for the delivery of the goods in due course. We are responsible for the contractual provisions, our liability is limited to the foreseeable,. Incidentally, liability for delay in delivery is excluded.
8. If delivery takes place in rental containers, they must be returned within 60 days of receipt of the goods. Loss and damage to rental containers are at the expense of the customer. Loaned packaging, which is intended only for the shipment of goods, may not serve other purposes or to accommodate other products. Labels must not be removed.
9. Disposable packaging will not be taken back by us, instead we will inform the purchaser of a third party who will recycle the packaging in accordance with the Packaging Ordinance.
V. PASSAGE OF RISK
( B) if the
ready to consign shipment has come to fruition
for the sake of which he is responsible.
2. Insurance coverage is only provided in the case of a written request at the expense of the customer.
VI. RETENTION OF TITLE
1. We reserve the title to all goods delivered by us (reserved goods) until receipt of all payments from the business relationship. As far as we agree with the customer payment due to the check-bill procedure, the reservation also extends to the redemption of the bill of exchange accepted by us, including all contingent liabilities. B. our eventual exhibitor liability, and does not expire by the credit of the received check with us. Here, all orders are considered as a single transaction.
2. The customer is not entitled to pledge our goods or transfer them for the safety of third parties. In the event of seizure or other interference by third parties, the customer must notify us immediately in writing and inform the third party of our rights. The object of the claim is to repay us for the court and out-of-court costs.
3. A processing or mixing of goods delivered by the purchaser for as a manufacturer within the meaning of § 950 BGB, without obligation to us. The processed or mixed goods are considered reserved goods. The goods are processed and mixed with other goods by the customer, we shall be entitled to co-ownership of the new object , If our property lapses due to combination or mixing, the customer hereby assigns to the property rights and charge them us. The resulting co-ownership rights are considered reserved goods.
4. The customer is entitled to dispose of the products in the ordinary course of business as long as he fulfills.
5. The customer hereby assigns to us claims from the resale of the reserved goods. They serve to secure our claims to the same as the reserved goods.
6. If the goods are sold by the purchaser together with other goods, the assignment of the claim shall be made only in the amount of our invoice value. In the case of co-ownership, the assignment of the claim in the amount of co-ownership.
7. If the value is greater than 10%, we are obliged to release securities at the request of the ordering party; The selection of the securities to be released is our responsibility.
8. If the retention of title or assignment is concerned, the security shall be deemed to be agreed. If the co-operation of the customer is necessary, he shall take all measures necessary to establish and maintain such rights.
VII. WARRANTY AND TOTAL LIABILITY
1. The customer must inspect the goods immediately upon receipt. 7 days after receipt of the goods, 7 days after their discovery. If the customer are welcome, the goods are approved.
2. Our warranty does not cover wear and tear, damage or loss resulting from faulty or negligent handling, any and all chemical, electrochemical or electrical interference. Our guarantee is in any case, if dilutions, hardeners, additional paints or other components are mixed, which were not taken from us. The filling in other sales containers in the context of commercial transactions excludes another guarantee on our part.
3. As a condition of the goods delivered by us, only the product description is agreed. In addition, public statements do not constitute a description of the quality of the goods.
4. If there is a defect for which we are responsible, we shall be obliged, at our discretion, to repair, reissue or provide the service or delivery free of charge. In the case of defects, the buyer must grant the time and opportunity required in its reasonable discretion.
5. If we do not comply with the obligation to repair or replace in a reasonable period of grace, the customer may choose to withdraw from the contract. This also applies if the supplementary performance failed. A remedy shall be deemed to have failed after the unsuccessful third attempt, unless otherwise stated.
6. Further claims of the customer due to breach of duty or unauthorized actions are excluded. This disclaimer of liability does not apply to malice, intent or gross negligence as well as negligent breach of a contractual obligation. Furthermore, it does not accept liability for the loss of life, limb or health and so on.
7. In the case of liability, our liability for compensation is limited to foreseeable, typical damage, unless the damage is due to an intentional or grossly negligent breach of duty. Directly on the goods, we are liable only if the risk of such damage is clearly covered by the guarantee of quality.
8. Warranty and / or liability claims of the purchaser due to a breach of duty existing in a defect of the purchased goods are subject to a limitation period of one year in all cases from the time of the transfer of risk.
9. Insofar as our liability is excluded and limited, this also applies to the personal liability of our legal representatives as well as vicarious agents.
VIII. TECHNICAL ADVICE
The orderer decides on the use of the goods delivered by us or rendered service. Unless we confirm specific characteristics and suitability for a contractually agreed use in writing, a technical advice is in any case without obligation.
IX. PLACE OF FULFILLMENT. JURISDICTION, APPLICABLE LAW
1. Place of fulfillment for all business relations is our registered office.
2. The exclusive place of jurisdiction for all disputes is, at our option, our registered office or the place of general jurisdiction of the customer. This also applies to document, bill of exchange or check disputes.
3. For all legal relationships between the customer and us, the Federal Republic of Germany applies exclusively. The application of the UN uniform sales law (CISG “Vienna Sales Convention”) is excluded.
X. SEVERABILITY CLAUSE
The contract remains effective in case of ineffectiveness of individual contract provisions in its other provisions. In place of the ineffective provision, which comes as close as possible to the law in the context of what is legally possible according to the meaning and purpose of the ineffective clause. The same applies to the filling in of gaps.
HOBUM OLEOCHEMICALS GMBH, 08.08.2018
Terms and conditions for download