Sales, Delivery and Payment Conditions of Hilpress GmbH Hamburg
1. Validity
Sales and payment conditions of the purchaser are not accepted. The following conditions apply to all deliveries, without exception even if the conditions of the purchaser are not contradicted, unless deviating conditions were agreed upon and are documented in writing.
2. Offers and Settlement
Offers are not binding concerning price and delivery. Verbal agreements, as well as ones made per telephone or through a representative are only valid if they have been confirmed by the seller by way of a written agreement. The seller does not guarantee the correctness of illustrations, drawings, technical data and declared electric values.
3. Delivery Periods
Delivery periods are not binding. Partial deliveries are permitted. Unforeseen circumstances which prevent delivery, such as circumstances beyond our control, strikes, interruption of operations within our company or on behalf of the supplier, transport problems etc. authorize the seller to cancel delivery commitments completely or partial. Damage compensation demanded by the purchaser is not accepted.
4. Shipment and Delivery
The minimum order value for shipment is EUR 25,- (without value added tax). For small deliveries below the minimum order value, additional proportionate processing costs of EUR 5,- (without value added tax) are charged besides the packaging and shipping costs. Shipment is made according to the sellers judgement and without guarantee for the cheapest way of shipping. All shipments, including any return shipments, are subject to the purchaser's responsibility and cost. The seller is no longer responsible for the goods from this point on. In this case, the willingness and attempt to comply with shipping agreements on behalf of the seller is regarded as if actual shipping would have occurred.
5. Packaging
Packaging is charged separately and will not be disposed of by the seller. Rental fees charged by manufactures for containers and cable drums are forwarded to the purchaser in case materials are returned late.
6. Prices and Payment
Prices are not binding and do not include shipping costs. Value added tax is not contained in the prices and is charged additionally. The invoice amount without any deductions must be settled within 30 days unless the seller delivers per C.O.D. and no other payment type has been agreed upon. Notices of defect are not considered at this point. For invoice amounts of EUR 10,- and higher (not including value added tax), a discount of 2 percent is provided for advance payment incash, C:O:D: and for cash payment within 14 days. Hire-purchase contracts are not regarded as cash payments. Cash sales in the store and repairs must be paid for net cash.
Checks and acceptances are only taken in as payment, the latter only based on special agreements. Currency exchange costs and discount charges according to the rates of the corresponding private bank are charged to the purchaser's expense.
Payment is not considered complete until the day on which the seller has the invoice amount at his disposal without any losses.
Reluctance to pay or additional demands of any kind by the purchaser are not accepted. Payments made to employees or representatives are only accepted if this person is authorized to receive payments. In case of payment defaults, interests of 2 % above the exchange discount rate of the federal state central bank of the country in which the seller has his head office, are to be paid to the above bank. The seller is not obligated to continue deliveries from current agreements as long as the purchaser has unpaid invoices and/or interest on arrears. If the purchaser is in arrears with an invoice, the complete invoice amount is immediately due and the seller has the right to disregard terms of credit and demand advance cash payment for remaining deliveries. The same applies to rejected exchanges or checks, cessation of payments, bankruptcy as well as comparisons on behalf of the purchaser.
Payments are considered delayed once the seller's demands are overdue. A dunning letter is not necessary for overdue payments.
7. Ownership under Reservation
The seller reserves ownership of all goods delivered by him (reservation goods) until all of his demands from the business transaaction are settled. This also if the sales price for certain deliveries of goods declared by the purchaser, is already settled. For current invoices, the reserved ownership of reservation goods is considered a security for the balance demanded by the seller. Reservation goods are processed under the exclusion of acquisition of ownership acc to § 950 BGB without obligation of the seller. The new property developed through this is consequently the seller's property and servers the purpose of providing a security for his claims acc. to paragraph 1. If other goods which are not property of the seller are mixed with and an connected to the seller's property by the purchaser, regulations acc. to § 947, 948 BGB apply. This has the effect that the rental property of the seller is part of the newly created porperty which is now considered to be reservation goods acc. to the above regulations. Pledging or chattel mortgage of the reservation goods on behalf of the purchaser is prohibited. The purchaser is obligated to inform the seller in case third persons have access to the goods delivered under reservation by way of providing a pledging record as well as an affidavid identifying the pledged objects. Costs produced by interventions are always charged to the purchaser. The purchaser is obligated to insure the goods against fire and theft and to provide written proof of the seller should demand it. All claims of the insurer from this agreement concerning the goods delivered under reservation are assigned to the seller.
The seller is entitled to demand immediate return of those goods not yet sold by the purchaser if overdure payments or financial difficulties should arise. Until goods owned or reserved by the seller are actually returned they must be stored separately, be identified as property of the seller (shared property), not be made use of in any way, and be included in a detailled list which informs the seller of his property (shared property) which is to be presented to the latter. The seller is entiitled to sell or auction off the goods without intervention from the purchaser and without prior notice. Reservation goods are taken back at the received sales price, or at most at the delivery prices agreed upon. Further damage compensation demands, especially ones concerning loss of profit, are reserved. Further sale of reservation goods and goods created through further processing is only permitted along the lines of regular business. Reservation of ownership of goods according to §1 must be agreed upon between seller and purchaser in case of credit sales. Whith this, the purchaser cedes full claims including all rights that he is entitled to from further sales, to the seller for reasons of security until all claims of the seller are met for the business transaction. This also applies for reservation goods according to praragraph 2 and 3.
If reservation goods are installed into the property of third parties or are otherwise installed, the purchaser cedes the major part of this demands according to any legal rights, amounting of the invoice amount for the reservation goods of the seller to the latter in advance.
If required by the seller, the purchaser is obligated to inform his customers about cession and to inform the customer about assertion of legal rights by the seller as well as to deliver required documents. The purchaser must for this reason provide the seller the right to acces his accounts and invoices. The seller is entitled to collect ceded claims. He has the right to inform the debtor of the purchaser. However, the purchaser is authorized to collect these demands for the seller as long as he complies with his payment responsibilities accordingly. If the value of the security provided by the purchaser exceeds the delivery demands by mor than 20 percent, the seller is obligated to reimburse the purchaser if demanded by him.
8. Defects
Liability is only assumed to the extent that is covered by our supplier. Deviations in guarantees are only valid if they are agreed upon.
Complaints concerning quantity and quantity and quality must be made immediately, at the latest within one week of receiving shipment, and by written notification of the selller. The deliverer's liability ceases for defect notifications made after the deadline or for unauthorized repair of goods. For legitamite notices of defects, the seller is entitled to decide whether damages are repaired, a voucher for the invoiced amount is issued for returned goods, replacement is provided free of cost within a reasonble period of time or whether a voucher is issued for the remaining value of the goods. Further claims of responsibility for defects or damage compensation for any reason are excluded. Among other things, this especially applies to claims for delivery of electric materials, electric elements and devices of all kinds. Defects of partial deliveries does not imply the right to annull the complete order or other placed but not yet completed orders. Guarantee repairs are only performed on certain devices delivered by the seller and must be certified by the guarantee certificate, the invoice and complete explanation of damages. Shipping and packaging costs are charged to the purchaser's expense. The delivery note (packaging note) must be included in for all shipments and returns. If a return of goods sent in for complaint is determined to be unjustified, the seller is entitled to not only charge shipping costs but also a reasonable compensation for inspection and processing costs of the goods.
9. Repairs
If a cost estimate is desired before repairs are carried out, it must be explicitly compressed beforehand. The costs for the estimate are invoiced. Whether repairs are carried out by the repair shop of the company or by an external shop is subject to the judgement of the seller.Shipping and packaging costs are charged to the purchaser. Refer to subparagraph 4 nd 5 of terms and conditions. Repaired devices are not delivered until cash payment has been received.
10. Place of Delivery and Legal Venue
The place of business of the company is the only legal venue for deliveries and payment and applies for all legal disputes including suit for payment of cheque or draft. In case of a transfer due to reasons of collection, the place of business of the collection agency applies.
11. final Provisions
Void of individual conditions does not effect the validity of any other conditions. According to the data protection act, it is pointed out that business transaction data is stored in the data processing equipment of the seller.
IMPRESSUM:
Hilpress GmbH
Grützmühlenweg 40
DE-22339 Hamburg
Tel.: +49 - (0)40 / 53 80 92-30
Fax: +49 - (0)40 / 53 80 92-81
Bankverbindung:
Hamburger Sparkasse
Konto 1235122262
BLZ 200 505 50
Finanzamt Hamburg
Steuernummer: 09/160/43848
Sitz der Gesellschaft: Hamburg
HRB 34439 Hamburg
Geschäftsfüher: Erich Hilgenfeldt, Dipl.-Ing., -Kfm. Manfred Breuell
UStID: DE 118664209
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