General Delivery and Sales Terms
§ 1. Scope of Application
The present General Business Terms will apply exclusively for services provided by us on the basis of contractual agreement to the Client, whether Entrepreneur or Consumer. They will apply in particular to extensions or additions to the order. Other terms will not be valid.
§ 2. Clause Prescribing Written Form
We are assuming that the terms of the contract being concluded are complete and accurate. Any agreements concluded with persons belonging to our company who are not authorised representatives will not become effective before we have confirmed them in writing.
§ 3. Offers, Prices, Cost Estimate
All offers are subject to change.
Cost estimates made by us at the Client’s request are a service which will be charged.
Where no other prices have been expressly agreed on, we will charge the respective prices quoted on the list plus VAT at the respective statutory rate for our services. Where goods are delivered to a place other than Hänsch’s domicile, additional postage, freight or packaging will be due.
§ 4. Terms of Payment
Payment by check/bill of exchange will only be admissible with prior agreement. Payment will be accepted by Hänsch on account of performance and not in discharge of a claim. In the case of delayed payment by the Client, Hänsch will be entitled to statutory interest. The Client will automatically be deemed as being in arrears with payment where he fails to effect payment
within 30 days after the due date and receipt of the invoice or equivalent request for payment, irregardless of whether a payment reminder has been issued. Claims may only be set off where the counterclaim is res judicata, recognised or uncontested. The Client will only have a right of retention where it is based on the same contractual relationship.
§ 5. Delivery Deadlines, Delayed Delivery
Delivery periods will be deemed has having been observed where the goods have been dispatched by Hänsch in the case where Hänsch is obligated to send them or in the case where the place of performance is the domicile of Hänsch, where the goods are ready for dispatch. Hänsch has the right to make partial-deliveries.
§ 6. Reception of Goods
In the case of delayed reception of the goods, the Client will be obligated to pay deposit/storage fees including costs of storage at a neutral place, notwithstanding the right to further-reaching claims to damage compensation.
§ 7. Passing of Risk – Transport
Where the Client has the goods transported by Hänsch, the transport risk will be borne by the Client.
§ 8. Guarantee Period
In the case of new goods and services the guarantee period will be one year. Where the Client is a consumer as defined by § 13 BGB, the guarantee period will be 2 years for purchased new consumer goods and for used goods likewise 1 year. The Consumer’s duty to report non-evident defects will be 1 year and 14 days in the case of evident defects. In the case of evident defects, the Entrepreneur’s duty to immediately inspect the goods and report defects is set out in §§ 377, 378 HGB.
§ 9. Right of Rescission-Non-Availability of the Service
Hänsch has the right to rescind the contract where the goods or materials used in producing the goods are not delivered by Hänsch’s suppliers. In this case, Hänsch will be obligated to inform the Client immediately in writing regarding the non-availability of the goods and to immediately reimburse any payments or other forms of contractual consideration already made by the Client.
§ 10. Liability
Any claims against Hänsch based on a breach of duty by Hänsch are excluded with the exception of damages
resulting from injury of life, limb or health where Hänsch is responsible and other types of damage attributable to
a wilful or gross negligent breach of duty by Hänsch. A breach of duty by one of Hänsch’s legal representatives
or vicarious agents will be equivalent to a breach of duty by Hänsch.
§ 11. Place of Jurisdiction, Place of Performance,
Applicable Law
The agreed place of performance is Hänsch’s headquarters (Herzlake), to the extent that this is legally admissible
To the extent that it is legally admissible, the geographically and pertinent competent court for Hänsch’s domicile in Herzlake is the agreed place of jurisdiction. German law will apply exclusively.
§ 12. Retention of Title
The delivered goods will remain the property of Hänsch until complete payment has been effected. Where the Client is an Entrepreneur, the delivered goods will remain the property of Hänsch until the Client has redeemed all liabilities from the existing business relationship with Hänsch.
Where the Client is an Entrepreneur he will have the right to resell the contractual item within the course of normal business. However, in this case the Client is already assigning his claim against his client to Hänsch; the Client will have the right to collect this claim as long as he is not in arrears with payment toward Hänsch. Where there is delayed payment, Hänsch will have the right to revoke in writing the authorisation to resell the goods/collect the claims for the contractual good. In such a case the Client will be obligated to provide Hänsch with all information, documents and other papers showing the clients against which Hänsch has claims based on an extended retention of title in order to allow Hänsch to claim payment immediately against these clients.
§ 13. Severability Clause
Should one of the aforementioned terms be invalid, this will not affect the validity of the remaining terms and in particular the validity of the contract will remain unaffect.  General Delivery and Sales Terms |
