Business Conditions
HS Montagetechnik GmbH

§ 1 General

(1) The following conditions are valid for all quotations and orders. These conditions are accepted as binding by the purchaser when ordering. Alterations and verbal agreements must be confirmed in writing. Orders can only be considered as accepted upon receipt of our confirmation.

(2) If our conditions of sale and delivery do not agree with those of our business partners, the latter will be binding for us only if they are accepted by us in writing on conclusion of the contract.

(3) Any confirmation by the purchaser with a corresponding reference to the purchaser’s conditions is herewith rejected expressly. In as far as the conditions contradict each other, the statutory regulations shall apply.

§ 2 Quotations

(1) Prices are quoted without obligation. Illustrations, dimensions and weights are approximate. Rights of alteration reserved. Quotations and technical data are subject to copyright.

§ 3 Delivery

(1) Delivery is to be understood carriage forward ex works. The delivery dates are specified in the confirmation of order. Partial delivery is permitted. Appointed dates of delivery are extended by the period during which we are prevented from supplying by circumstances that are not directly attributable to us.

(2) In as far as circumstances not lying within our responsibility impede, delay or make impossible the execution of the orders accepted by us, we are entitled to postpone the contractual obligation/remaining obligation by the period of duration of the circumstances, or to withdraw from the contract partially or completely. These circumstances not lying within our responsibility include in particular official measures, obstructions of traffic, strikes, shortage of raw materials and shortage of fuels and operating materials, breakdowns and interruptions at our suppliers, etc. If a binding delivery date is exceeded by more than two weeks, the purchaser is entitled to withdraw from the contract after expiry of an extension of a week. This extension for delivery must be set in writing.

(3) On dispatch of an order from the factory or stockist all risks become the purchaser’s responsibility. The purchaser is also responsible for the correct acceptance, unloading and storage at the point of delivery.

(4) Packing, transit period and also means of transport are left to our choice for lack of special agreements. They are computed in each case at the cost price. We take crates back on freight-free return, if such are intact, at 2/3 of the computed amount. The one-way or pool pallets used for transport are to be exchanged or sent back with assumption of the costs. Storage-related and smallest packing units stated in the list cannot be broken up for reasons of rationalisation. With orders for deviating numbers of items, the nearest packing unit is supplied.

§ 4 Assembly and installation

(1) Our special terms for assembly and installation apply additionally for assembly and installation orders.

§ 5 Prices

(1) Prices are to be understood ex works. Unless otherwise agreed, the prices and conditions of the price list valid on conclusion of the contract apply.

(2) If, later than 4 weeks after conclusion of a contract, deliveries or other external costs which are contained in the agreed price change or arise again, we are entitled to a price adjustment to the appropriate extent.

(3) Partial deliveries are to be paid within the deadlines specified in the terms of payment.

(4) Value-added tax is specified separately in the invoices and is to be borne by the purchaser.

§ 6 Payment

(1) Invoices are payable within 14 days after the date of invoice with 2 % cash discount, or 30 days net after issue. Assembly and installation services and/or all works charged by time are to be paid without discount deduction within 14 days.

(2) Interest is to be paid on the invoices from maturity and receipt of the invoice at 8 % over the respective base interest rate. The asserting of a further interest damage remains available.

§ 7 Warranty of Defects

(1) If there is any defect which already exists at the time of the transfer of perils or whose cause is in the product, HS Montagetechnik GmbH is entitled to the choice between rectification of defects and compensation delivery. Both variants of supplementary performance are free of charge for the buyer.

(2) Claims for material defects fall under the statute of limitations in 12 months. This does not apply in so far as the law prescribes longer periods under §§ 438 para. 1 No. 2 (buildings and things used for buildings), 479 para. 1 (right of recourse) and 634a para. 1 No. 2 (defects of a building) or under the Product Liability Act, or in so far as the defect was maliciously kept secret.

(3) The orderer has to notify the supplier of material defects immediately in writing.

§ 8 Liability

(1) Except for damages to life, body and health and damages due to the violation of essential contract duties (duties whose fulfilment enables the proper realisation of the contract in the first place and on whose regular compliance the
contracting party may rely), compensation obligations are restricted to such damages which are based on guiligence. Damages arising from the injury of essential contract duties are only liability-activating if theyare associated with the contract in a typical manner.

(2) Claims for compensation of the orderer become invalid by prescription with the course of the limitat material defect claims according to § 7 para. 2, provided that they are not based on intention. Thelimitation period of § 7 para. 2 is valid also for measures of damage defence, in particular product recall, as far as no liability for intent applies (cf. paragraph 1).

(3) With claims for compensation according to the liability law, the legal limitation rules are valid.

§ 9 Export contracts

(1) German law will apply under all circumstances. The application of the international purchase laws is excluded.

§ 10 Reservation of proprietary rights

(1) The following securities shall be granted to us until all the claims to our benefit (including all current account) arising from any legal justification against the purchaser now or in future have beensatisfied. If demanded by the purchaser, these may be released at our discretion in as far as their value exceeds the value of the claims by more than 30 % in the longer term.

(2) The goods supplied shall remain our property. Any processing, treatment or transformation is always manufacturer, however without any obligation on our part. If our (co-)property expires through connection,agreement is reached with this document that the (co-)property of the purchaser in the uniform object shall pass to us in proportion to the value (invoice value). The purchaser keeps our (co-)property safe free of charge. Goods of which we
have (co-)property are designated as goods under reservation below.

(3) The purchaser is entitled to process and dispose of the goods under reservation in proper business, as long as the purchaser is not in arrears. Mortgaging, pawning or transference as security are not allowed. The purchaser herewith
cedes to us to the full extent any claims on the goods under reservation (including all claims on balances sulting from their further sale or from any other legal justification (insurance, unauthorised or forbiddenactions) resulting from our business relations with the purchaser, until these claims have been fulfilled.

(4) We herewith revocably authorise the purchaser to collect the claims ceded to us for its account in iebit allowance can be withdrawn by us if the purchaser does not fulfil its obligations to pay properly.

(5) In the case of third parties seizing the goods under reservation, in particular in the case of seizures, the purchaser will point out our property rights and inform us without any delay so that we can assert our property rights. In as
far as the third party is not able to reimburse us for any judicial or non-judicial costs arising from thisll bear the responsibility.

(6) If the purchaser infringes the contract – in particular through default in payment – we are entitled to take back the goods under reservation or, if appropriate, to demand that the purchaser cede to us his rights to surrender against
third parties. Neither our taking back the goods under reservation nor their seizure by us constitutes a rer part.

§ 11 Place of performance and jurisdiction

(1) The place of performance and jurisdiction is Stuttgart, Germany, if the customer has a merchant character.

§ 12 Valid right

For supplies and installation services abroad, German law applies exclusively.

Status: May 2021