Delivery and payment conditions
I. Deliveries
Quotes, sales and deliveries take place exclusively in accordance with our delivery and payment conditions. Any contractual terms of the buyer to the contrary are not recognised by accepting the buyer’s order. Deviations shall only be valid if they are confirmed by us in writing. All details provided in drawings, catalogues, price lists and quotes are non-binding.
II. Prices
The prices are subject to change up to the delivery date. Billing takes place using the prices and discounts that are valid on the dispatch date, plus freight, delivery and disposal costs.
Any mistakes or typographical errors in quotes, order confirmations, invoices etc. are non-binding.
III. Delivery times
Delivery times are non-binding up to the point in time of the order confirmation. Insofar as calendar days are not specified, delivery times are calculated from the date of our order confirmation.
There shall be no right to claim compensation for damages against us for deliveries that are not provided on time. In cases of force majeure or operational disruptions, we shall, at our discretion, be released from the obligation to deliver the goods in full or for the duration of the disruption. The delivery date shall be the day on which the goods leave the factory and/or our warehouse. Partial deliveries are permissible. In the case of partial deliveries, all delivery times shall be non-binding until the point in time of order confirmation. Insofar as calendar days are not specified, the delivery times are calculated from the date of our order confirmation.
There shall be no right to claim compensation for damages against us for deliveries that are not provided on time. In cases of force majeure or operational disruptions, we shall, at our discretion, be released from the obligation to deliver the goods in full or for the duration of the disruption. The delivery date shall be the day on which the goods leave the factory and/or our warehouse. Partial deliveries are permissible. In the case of partial deliveries, each individual delivery constitutes a transaction in itself.
IV. Shipping
Delivery shall take place ex warehouse, which is also the place of fulfilment. At the customer’s request, the goods may be sent to another place of fulfilment. Insofar as no other arrangements have been made, we are entitled to determine the type of shipping ourselves. Further, the customer shall bear the costs for services that it commissions separately, e.g. sprinter use, emergency call-outs. We shall be entitled to make reasonable partial deliveries.
V. Payment
We have the right to issue invoices for our services by post or electronically by email. The purchase price is payable and must be paid strictly net within 14 days of the invoice being issued and delivery or acceptance of the goods. On expiry of the above-mentioned payment period, the buyer defaults on payment. During the default period, the respective applicable statutory interest rate is payable on the purchase price. We reserve the right to claim further default damages. With regard to merchants, our claim to the commercial maturity interest (Section 253 German Commercial Code (HGB)) remains unaffected. We expressly reserve the right to claim the lump sum for damages in accordance with Section 288 V German Civil Code (BGB) in the event of default on payment. "Cheques and bills of exchange shall only be accepted on account of performance. All costs associated with accepting and transferring bills of exchange shall be paid by the customer in cash immediately after receipt of our charge.
If, on the basis of a SEPA direct debit mandate of the customer, there is authorisation to collect claims from the customer by means of direct debit, the customer confirms that he/she is in agreement that no special pre-notification will be sent by us. The customer will be informed about the SEPA direct debit mandate and the pending collection by means of the invoice."
VI. Complaints
The obligations of Section 377 German Commercial Code (HGB) apply with the proviso that the buyer must report all obvious defects, deficits or incorrect deliveries in writing, including all those that are recognisable to the customer as a merchant, within five working days of the delivery and, in all cases, before processing or installation. Any transport damage must be reported to us without undue delay. In the event of delivery by railway, with vehicles belonging to commercial local and long-distance goods transport companies or other types of transport, the buyer shall comply with the required formalities with regard to the freight carried and ensure that the transport damage is confirmed by the freight carrier.
VII. Warranty
If the customer is a businessperson, we initially provide a warranty for the goods for subsequent improvement or replacement delivery at our discretion. If subsequent fulfilment of this kind is unsuccessful, in principle the buyer may, at its discretion, request a reduction in purchase price (decrease) or rescission from the contract (withdrawal).
If the customer opts for rescission from the contract due to a defect of title or defect of quality after subsequent fulfilment has failed, the customer is not entitled to additional damage claims on the basis of that defect. If the customer is a businessperson, claims based on material defects expire one year from delivery of the goods. In the case of Section 438 (1) No. 2 b German Civil Code (BGB) (purchase of building material that has caused defects in a building), the statutory warranty period shall apply.
If the buyer is a businessperson, only our product description shall be deemed to have been agreed. Any public statements, promotions or advertising by the manufacturer do not constitute contractually guaranteed characteristics of the goods.
VIII. Limitation of liability with regard to claims for compensation for damages
Claims of the buyer for compensation for damages, irrespective of the legal grounds, shall, in the case of slightly negligent breaches of duty, be limited to the average damages which are foreseeable and typical for the type of contract. If the buyer is a businessperson, the vendor shall not be held liable in the case of breach of insignificant contractual obligations due to slight negligence.
These limitations of liability do not apply to claims of the buyer pursuant to the Product Liability Act (Produkthaftungsgesetz) and also do not apply in the event that the violation of obligations led to injury to life, limb or health. Claims based on defects expire one year from delivery of the goods unless the vendor acted intentionally or with gross negligence or life, body or health were injured. In the case of Section 438 (1) No. 2 b German Civil Code (BGB) (purchase of building material that has caused defects in a building), the statutory limitation period shall apply.
IX. Replacement delivery
Replacement delivery or credit may only be provided after full proof of the existence of the warranty obligation by means of precise investigation at the manufacturer’s premises. Goods about which a complaint has been made shall be shipped at no cost to us for this purpose.
X. Returns
In the event that the customer initiates the return of goods, an amount of 15% of the net value of the goods, or at least EUR 7.50, will be invoiced for the costs of the inspection etc. We shall not be obliged to accept the return of goods that were duly supplied. In particular, special products and custom-made products may not be returned. The customer shall bear the shipping costs for returning the goods.
XI. Reservation of title
The goods supplied by us shall remain our property until full payment or, if payment is made by cheque of bill of exchange, until these have cleared. The buyer may not pledge nor assign the goods to a third-party without our permission. The reservation of title also extends to goods manufactured by means of processing or adapting the goods supplied by us.
HSR GmbH
Hochdruck Schlauch + Rohrverbindungen
Production and assembly conditions for assembling and installing replacement parts
I. Scope
The following conditions apply to all production and assembly services that are carried out on-site in our branches or outside our branches and are applicable in addition to our delivery and payment conditions.
II. Order placement, cost estimates
Insofar as no agreement to the contrary has been concluded, the following scope of services shall apply to order placement: HSR removes defective hose and pipe connection elements, uses its expertise to define the connection type and measurements and creates a new connection. The customer only receives written order confirmation if this is expressly requested.
Planning services are excluded from the scope of delivery and services by HSR.
The role of HSR is exclusively one of implementation and it cannot carry out any design-related planning or make decisions. This applies, in particular, to new systems.
Laying hoses and pipes only takes place when the customer has clearly defined technical details and specifications. The same applies to components that need to be manufactured in accordance with the plans and instructions of the customer. The customer shall bear the risk for any incorrect details it provides and shall not initiate any compensation claims against HSR of any kind.
The remuneration for carrying out production and assembly services is invoiced on a time and material basis. In this regard, quotes only constitute non-binding cost estimates and do not contain any final declarations regarding the amount of the costs for production and assembly. In the event that orders are issued verbally, in particular over the telephone, the customer shall bear the risk and costs for any communication errors and any incorrect orders/deliveries that result from this.
III. Performance of the order, obligations of the customer
The order is carried out on-site at the customer’s premises, the operation location of the machine or at an HSR branch.
By placing the order, the customer is obliged to ensure that, at the point in time of performance of the order, all the necessary location and factual requirements are in place at the assembly location. Otherwise, HSR may refuse the order and invoice the costs incurred up to this point in time.
We accept no liability in the event of the use of parts or components not obtained from HSR in full or
parts deemed by our employee to be no longer in perfect functional condition. This also applies in particular in the event that the customer carries out the assembly process themselves.
IV. Remuneration, payment conditions
The customer shall bear all additional costs arising from unnecessarily and/or prematurely requesting a HSR employee or in the event that the work to be carried out has already been completed by another party when the employee arrives or in the event that such work is interrupted or delayed without this being the fault of HSR.
In the event that HSR establishes that the cause of the defect cannot be traced back to a defective high-pressure connection and therefore performance of the order is no longer required, HSR shall be entitled to invoice all costs incurred as a result of this. This applies, in particular, for working hours spent on troubleshooting, the costs for the outbound and return journeys, as well as the costs for materials used by HSR in preparation for the order.
V. Claims for defects, limitation periods
HSR ensures that its production and assembly services are provided free from defects. The warranty for production and assembly services, as well as the limitation period for these, is based on HSR payment and delivery conditions.
There shall be no basis for claims for defects in cases in which any defect can be traced back to violent impact, standard wear, incorrect operation or improper use. Improper use shall be deemed to exist in particular when hoses are kinked and the prescribed bending radii are not observed, hoses are subject to tensile loading or hoses are not regularly checked and inspected.
This also applies if only temporary maintenance was carried out in coordination with the customer and defects or consequential damages occur beyond the temporary nature.
HSR shall not be liable for damages that are incurred to the machine itself due to the production and assembly services nor for consequential damages of any kind, in particular loss of earnings or other financial losses for the customer. The above-mentioned exemption from liability does not apply in the event HSR or its vicarious agents may be accused of intent or gross negligence.
Claims for compensation for damages due to injury to life, body and health, as well as claims pursuant to the Product Liability Act (Produkthaftungsgesetz), remain unaffected.
VI. Compensation, limitation of liability
HSR shall not be liable for damages that are incurred to the machine itself due to the production and assembly services nor for consequential damages of any kind, in particular loss of earnings or other financial losses for the customer. The above-mentioned exemption from liability does not apply in the event HSR or its vicarious agents may be accused of intent or gross negligence.
Claims for compensation for damages due to injury to life, body and health, as well as claims pursuant to the Product Liability Act (Produkthaftungsgesetz), remain unaffected.
VII. Written form, severability clause
Changes and ancillary agreements to these terms of business must be in writing in order to be valid. Should a provision in these terms of business or within the framework of other agreements be or become invalid, this shall not affect the validity of all the remaining provisions.
VIII. Place of jurisdiction and applicable law
The laws of the Federal Republic of Germany apply to all legal questions arising from this contract. The United Nations Convention on Contracts for the International Sale of Goods (CISG) dated the 11.04.1980 shall not apply. Neukirchen-Vluyn shall be deemed as agreed as the place of jurisdiction for all claims of the contracting parties, including for disputes relating to bills of exchange and cheques. The invalidity of one of the provisions shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid clause that comes closest to the invalid provision.