General Terms and Conditions of Sale and Delivery

§1 – Placing of order

These terms and conditions shall be deemed to have been accepted when the order is placed. Agreements made orally or by telephone, insofar as they deviate from these, require subsequent written confirmation. The Buyer’s terms and conditions of purchase shall not be binding, even if they have formed the basis of the order and they are not expressly contradicted. Offers are subject to change, cost estimates are non-binding.

§2 – Delivery and delivery period

The written order confirmation of the supplier is decisive for the scope of delivery. Delivery deadlines are always non-binding, but will be met as far as possible. The seller is not liable for any delays, non-deliveries and damages. Consignment goods are available for viewing purposes only.

§3 – Shipping and transport risk

Deliveries are made for the account and at the risk of the buyer. Transfer of risk occurs when the goods leave the supplying plant or warehouse. It is up to the seller to decide from which of the plants represented by him the order will be executed. Insurance shall be effected by special agreement at the expense of the consignee. If shipment is delayed due to circumstances beyond the Seller’s control, the risk shall pass to the Purchaser upon notification of readiness for shipment.

§4 – Force majeure

In the event of force majeure, obstructive measures by the legislator, disruptions of any kind to the operation or transport of the goods to the consignee, in particular caused by natural events, mobilization, war, blockade, riot, strike, lockout, shortage of goods, epidemics and their consequences, the seller is entitled to extend the delivery period by the duration of the obstruction. However, if the hindrance lasts longer than four weeks, both parties are entitled to withdraw from the contract. Any claims for damages by the buyer are excluded in any case.

§5 – Prices

Prices are ex works, excluding packaging. The packaging will be charged at cost price and will not be taken back. HEN – AG, Geräte- und Fahrzeugtechnik reserves the right to adjust prices in the event of wage and price increases during the term of the contract.

§6 – Payment

If payment is not made within the agreed period, the seller reserves the right to charge interest on arrears at the rate of 1% per month. In the case of bills of exchange and cheques, payment shall only be deemed to have been made when they have been honoured.

§7 – Retention of title

The delivery of the goods is subject to retention of title. The goods remain the property of the seller until full payment of all, including future claims of the seller against the customer arising from the business relationship, as well as until the redemption of bills of exchange and checks given in payment. The buyer assigns to the seller his future claims against third parties from the resale of the reserved goods in the full amount as security. The Buyer is authorized to collect the assigned claim as long as he duly meets his payment obligations to the Seller. The Seller shall be notified of any seizure of goods which are the reserved property or co-owned property of the Seller. The supplier shall be entitled to demand from the reseller information on the addresses of the purchasers, as well as the amount and due date of the claims, to demand written assignments, to notify the debtors thereof and to collect the claim directly. It may demand information on existing stocks of the Supplier’s products.

§8 – Notification of defects and claims for damages

Notices of defects and other declarations by the buyer must be made in writing and must be sent directly to the seller within 8 days of receipt of the goods. Defects that are demonstrably due to material and workmanship defects, the company HEN – AG, equipment and vehicle technology at its own discretion by free replacement of the defective parts or repair. For finished parts purchased from outside, which are part of the delivery, the company HEN – AG, Geräte- und Fahrzeugtechnik is liable to the extent of the claims recognized by the sub-supplier. The original warranty period of the item is not extended by deliveries or services under warranty. All warranty claims must be clarified with our company, otherwise the company HEN – AG, Geräte- und Fahrzeugtechnik will not provide any warranty service. Claims of the customer for compensation of damages, which did not occur on the delivery item itself, as well as for compensation of own work, costs from loss of production as well as other consequential damages are excluded. With reference to these conditions, the company HEN – AG, Geräte- und Fahrzeugtechnik can be held liable by the customer only and only if he has fulfilled his contractual obligations, in particular those arising from the payment agreements, without restriction.

§9 – Right of the supplier to withdraw

The unconditional creditworthiness of the Purchaser is a prerequisite for the obligation to deliver. If, after conclusion of the contract, the Supplier receives information which makes the granting of credit in the amount resulting from the order appear not to be completely unobjectionable, or if facts arise which give rise to doubt in this respect, the Supplier shall be entitled to demand advance payment or security or damages for non-performance, or to withdraw from the contract. The Purchaser shall not be entitled to claim damages on account of withdrawal from the contract.

§ 10 – Place of Jurisdiction

The sole place of jurisdiction shall be the Marbach Local Court. The place of performance shall be the registered office of the supplier.