Terms and Conditions.
General Terms and Conditions
1. Scope
1.1. All deliveries, services and offers of Huckfeldt & Thorlichen GmbH & Co. KG, Basshorn 11, D-25436 Tornesch (hereinafter “Seller”) shall be made exclusively on the basis of these General Terms and Conditions…
1.2. Terms and conditions of the customer or third parties shall not apply, even if the Seller does not separately object to their applicability in individual cases…
2. Offer and conclusion of contract
2.1. All offers of the Seller are subject to change and non-binding…
2.2. A contract shall only be concluded – unless expressly agreed otherwise – upon written order confirmation…
2.3. The written purchase agreement shall be solely decisive for the legal relationship between the Seller and the customer…
2.4. Additions to and amendments of the agreements made must be in writing…
3. Prices and payment
3.1. The prices apply to the scope of services and deliveries stated in the order confirmations…
3.2. Invoice amounts shall be paid within thirty days without any deduction…
3.3. Set-off against counterclaims is only permissible under certain conditions…
3.4. The Seller is entitled to execute deliveries only against advance payment if there are doubts about creditworthiness…
4. Delivery and delivery time
4.1. Deliveries shall be ex works, unless otherwise agreed.
4.2. Delivery periods are generally non-binding unless expressly agreed as fixed dates.
4.3. Delivery periods may be extended if the customer fails to meet its obligations.
4.4. No liability in the event of force majeure or unforeseeable events.
4.5. Partial deliveries are permissible if reasonable.
4.6. Liability for delay is governed by Clause 7.
5. Place of performance, shipment, transfer of risk
5.1. The place of performance is Tornesch.
5.2. The method of shipment and packaging shall be determined by the Seller.
5.3. Risk shall pass upon handover to the transport service provider.
5.4. Storage costs shall be borne by the customer.
5.5. Insurance shall be arranged only upon request.
5.6. Transport damage must be reported directly to the carrier.
5.7. Goods must be inspected without undue delay.
6. Warranty
6.1. The warranty period is one year.
6.2. Obligation to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
6.3. Inspection prior to further processing is required.
6.4. Rectification or replacement delivery at the Seller’s discretion.
6.5. Damages only under the conditions of Clause 7.
7. Liability
7.1. Liability is limited.
7.2. No liability for simple negligence (with exceptions).
7.3. Liability limited to foreseeable damages.
7.4. This also applies to employees.
7.5. Exceptions apply in cases of intent and personal injury.
8. Retention of title
8.1. Goods shall remain the property of the Seller until full payment has been made.
8.2. Processing shall be carried out on behalf of the Seller.
8.3. Resale permitted; claims shall be assigned.
8.4. In the event of default, goods may be reclaimed.
8.5. Insolvency entitles the Seller to withdraw from the contract.
8.6. International regulations shall be adapted accordingly.
8.7. The Seller may request information.
9. Final provisions
9.1. Place of jurisdiction is Hamburg or the customer’s registered office.
9.2. German law shall apply (CISG excluded).
9.3. Any gaps in these provisions shall be supplemented in an economically reasonable manner.