(1) The following conditions are valid for all quotations and orders. These conditions are accepted as binding by the pruchaser when ordering. Alterations and verbal
agreements must be confirmed in. writing. Orders can only be condidered as accepted upon receipt for our confirmation.
(2) If our Conditions of Sale and Delivery do not agree with those of our businesspartners, the latter will be binding for us if they are accepted by us in
writing on conclusing of the contract.
(3) Any confirmation by the purchaser with a corresponding reference to the purchaser’ conditions are herewith rejected expressly. In as far as the
conditions contradict each other, the statutory regulations shall apply.
(1) Prices are quoted without obligation. Illustrations, dimensions and weights are approximate. Rights of alteration reserved. Quotations and technical
data are subject to copyright.
(1) Delivery ist to be understood carriage forward ex works. The delivery dates are specified in the confirmation of order. Partial delivery is permitted. Ap-pointed
dates of delivery extend the period at a time, in which we are prevented from the supply by circumstances, which are to be represented not di-rectly from us to.
(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 enti-tled to
postpone the contractual obligation/remaining obligation by the period of duration of the circumstances, or to withdraw from the , contract par-tially 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’ responsibility. The purchaser is also responsible for the correct ac-ceptance,
onloaing and storage at the point of delivery.
(4) Packing, transit period and also means transport are left for lack of special agreements of our choice. They are computed in each case at the cost price. We take
crates back during freight-free return, if such are intact, to 2/3 of the computed amount. The one-way or poolpalettes used for transport
are to be exchanged or sent back with assumption. Storage-like led and smallest packing units proven in the list can not be started for rationsliszation reasons. With
order of deviation 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.If differently goes not agree, the prices and conditions of the price list valid with contract conclusion apply.
(2) Later than 4 weeks after conclusion of a contract if deliveries or other outside capital east, which are contained in the agreed upon price, change or de-velop them
again, we are entitled to the appropriate extent to a price adjustment.
(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.
(1) Invoices are payable within 14 days after the date of invoice with 2 % cash dis-count, or 30 days net after issue. Assembly and installation outputs and/or all reward
works are to be paid without discount deduction within 14 days.
(2) The calculations are to be paid interest on starting from maturity and entrance of the calculation with 8 % over the respective basis interest rate.
The asserting of a further interest damage remains available.
§7 Warranty of Defects
(1)Is there any defect, which already exists at the time of the Transfer of perils or whose cause is in the product, HS Montetechnik GmbH is entitled to
the choice between rectification of defects and compensation delivery. Both variants of supplementary performance are for the buyer free of charge.
(2) Requirements for material defect fall under the statute of limitations in 12 months. This does not apply, so far the law in accordance with §§ 438 exp. 1 No. 2
(buildings and things to buildings), for 479 exp. 1 (requirement for resort) and 634a exp. 1 No. 2 (lack of building) or according to the Product Liabil-ity Act a longer
period of time are in force or the lack was maliciously kept secret.
(3) The orderer has to reprimand material defects opposite the supplier immediately in writing.
(1) Except for damages at lives, body, health and damages due to the violation of essential contract duties (Duties whose fulfillment may facilitate the proper realization
of the contract anyway and trusts and may trust in their regular compliance) compensation obligations of the sales assistant are re-stricted to such damages,
which base onto guile, intention or coarse negligence. Damages arising from the injury of essential contract duties are only lia-bilityactivating, if they are united with
the contract in typical manner.
(2) Claims for compensation of the orderer become invalid by prescription with course of the limitation period being valid for material defect claims ac-cording to §7
Abs. 2 provided that they are not based on intention. The limitation period of the §7 Abs. 2 is valid also for measures of the damage defense, in particular product
recall, as far as urgently is not been liable. (Comp. 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 impossible.
§10 Reservation of proprietary rights
(1) The following securities shall be granted to us until all the claims to our benefit (including all claims on balances from a current account) arising from any legal
justification against the purchaser now or in future have been satisfied. If demanded by the purchaser, these may be released on our discretion in as far as their value
exceeds the value of the claims by more than 20 % in the longer term.
(2) The goods supplied shall remain our property. Any processing treatment or transformation is always carried out for us as the 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 prucaser is entitled to process and dispose 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 from a current account) resulting from their further sale or from any other legal justification (insurance, un-authorised
or forbidden actions) resulting from our business relations with the purchaser until these claims have been fulfilled.
(4) We herewith revocably authorise the purchaser to include the claims ceded to us on ist account in ist own name. This direkt debit allowance can only be withdrawn
by us if the purchaser does not fulfil ist 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 toreimburse us for any judicial or
non-judicial costs arising from this matter, the purchaser shall 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 ap-propriate,
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 rescission of contract on our 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