The following General Terms and Conditions of Delivery and Business are applicable to all contracts for the delivery of goods and work services by Hiebel&Hess VertriebsgmbH (hereinafter referred to as seller or contractor) to its contractual partners (hereinafter referred to as buyer or client). Deviations from these General Terms and Conditions of Sale and Delivery require an explicit written agreement. In current terms and conditions of business, these terms and conditions shall also apply to all future business transactions, unless other arrangements are expressly made in individual cases.
Estimates and offers (verbal or written) are subject to change without notice with regard to price, quantity, delivery period and delivery possibility and do not commit to delivery. The documents, illustrations, drawings, weights, measurements and their mathematical basis provided with the offer are only approximate, unless they are expressly designated as binding. The seller reserves the right of ownership and copyright to cost estimates, drawings and other documents. Conclusions with representatives are binding for the buyer, for the seller only after written confirmation.
3. Orders and conclusion of contract
An order is accepted either by written confirmation or by execution of the order. The buyer’s terms and conditions of purchase are hereby expressly rejected. They shall not be recognised even if we do not expressly object to them again after receipt. Our General Terms and Conditions of Delivery and Business shall be deemed accepted at the latest upon receipt of the goods and services delivered by us. The contractor and seller is generally not liable for errors resulting from the documents (e.g. drawings) submitted by the client and buyer or from inaccurate or verbal information provided by the client. It is exclusively the responsibility of the buyer to check the suitability of our products for his purposes.
Our prices result from the order confirmation.
They are always ex works, excluding packaging, freight, postage and duty unpaid (abroad). If the prices of our suppliers, our costs (e.g. freight increases, wage and raw material price increases, etc.) or our duties increase or are newly introduced between conclusion of the contract and delivery or performance, we are entitled to increase the price accordingly, unless the price has been expressly confirmed as a fixed price. Price quotations are exclusive of the statutory value added tax. For an order value of up to 100.00 Euro, the Seller shall levy a minimum quantity surcharge of 15.00 Euro.
Shipment shall be effected uninsured at the expense and risk of the recipient. Frankodeliveries are also made uninsured and at the risk of the recipient. If no special instructions are issued by the customer, the dispatch is carried out at our best discretion.
6. Delivery time
The stated delivery dates are approximate, but not binding for us. We can therefore not be held liable in any way for damages and loss of profit due to exceeding the delivery date. Goods ordered “on call” are to be accepted at the latest within half a year from the date of the order. After expiry of this period, or any other agreement, we have the right to choose between delivering the goods or cancelling the order and claiming full compensation.
Unforeseen events that lead to the agreed delivery time being exceeded do not entitle the contractor to withdraw from the contract.
7. Terms of payment
Unless expressly agreed otherwise, our claims are due net immediately upon receipt of the invoice. If the payment dates are exceeded, default interest shall be deemed agreed. In the event of non-compliance, we may prohibit the resale and processing of the delivered goods and demand their return or the transfer of indirect possession of the delivered goods at the buyer’s expense. The buyer authorizes us already now to enter the buyer’s premises in the cases mentioned and to take away the delivered goods. If an invoice amount due is not paid despite two reminders, all other invoice amounts still outstanding shall also become due for payment, even if the agreed target has not yet expired. In the event of a legal assertion, out-of-court or judicial settlement or the opening of bankruptcy proceedings on the assets of the purchaser, all rebates, bonuses and discounts granted on unpaid invoices shall lapse. Retention on the part of the buyer due to any counterclaims is not permitted.
a) The warranty period shall be 6 months in the case of single-shift operation and 3 months in the case of multi-shift operation and shall run from the date of dispatch in the case of dispatch of the goods, otherwise from the date of acceptance. The buyer must assert the warranty claim immediately within 5 days of the occurrence of the defect by registered letter. If this is accepted by the seller, the buyer must return the goods immediately. If he does not comply with this obligation, he forfeits the warranty claim. In the case of justified notices of defect, the goods will be repaired free of charge within a reasonable period of time. In the event of a sustained failure to rectify the defect, a reduction (reduction of the remuneration) or rescission (cancellation of the contract) may be demanded.
b) We provide a guarantee for proper construction, faultless material and good workmanship of the machines we deliver by committing ourselves to repair or exchange as quickly as possible, at our discretion, all parts that have demonstrably become defective or unusable within the guarantee period as a result of faulty material or improper workmanship. In doing so, the spare parts will be provided by us free of charge. We shall not be liable for damage due to improper or negligent handling, excessive strain or natural wear and tear. Excluded from the warranty in all cases are pure wearing parts. Replaced parts shall become our property and shall be sent in free of charge and carriage paid without modification or reworking. The warranty period shall not be extended by a rectification of defects; the warranty period shall end at the same time for the spare parts and the warranty repair as for the entire delivery item.
c) The Seller does not vouch for the correctness of the measurement results obtained with the measuring instruments supplied by him as such, since a measurement result is always dependent on a number of factors (such as error-free operation, room climate, calibration, etc.) over which the Seller has no influence.
d) For malfunctions that occur due to inadequate installation conditions or improper maintenance by the customer, the Contractor no liability.
e) The warranty shall expire if interventions or changes are made to the goods delivered by us by parties other than us without our consent.
f) We are not obliged to compensate for damages and lost profits under any circumstances, neither for reasons of warranty nor for other reasons. Indirect or consequential damages will not be compensated.
g) No guarantee is given for used goods.
9. Withdrawal from the contract
If the buyer is in arrears with an agreed payment or other services, the seller can react by simultaneously granting a right of retention, seizure of possession or disturbance of possession. Furthermore, the buyer must pay compensation for any damage that may have occurred and for any other damage caused by the cancellation of the contract. The amount of the damage and the reduction in value shall be determined exclusively by us in a professional manner. The buyer is entitled to repayment of the part of the purchase price paid by him, remaining after deduction of the above claims. There will be no interest on the same.
The repaired goods can only be dispatched against payment of the repair costs and any additional expenses; dispatch is only carried out at the express request of the customer and always at his risk and expense. In the case of repair orders, our warranty extends only to the proper execution of the repair and the parts replaced during the repair, not to the repaired device itself. In all other respects, the same conditions apply as for delivery.
11. Retention of title
The goods remain our property until the purchase price, including any interest and collection costs, has been paid in full. The buyer is therefore not entitled to sell, pledge, offer as security or otherwise transfer the goods to a third party during this period. The buyer is therefore obliged to notify us immediately by registered mail of any damage to the purchased goods, any seizure of these goods or any transfer of these goods, and to do everything he is obliged to do himself as a prudent businessman or custodian so that we do not suffer any damage to our property.
12. Other terms and conditions
The place of performance for all mutual claims is St.Pölten.
Should any provision of our General Terms and Conditions be invalid, the invalid part shall be omitted. However, the remaining provisions shall continue to apply insofar as they remain independent and meaningful.