Terms and Conditions (AGB`s) der Firma HMG HESS GmbH & Co. KG, Holzspalt- u. Sägetechnik, Dingolfinger Straße 254, D-94419 Reisbach/Griesbach
For business transactions between us and the buyer the following conditions apply. Our terms and conditions are accepted by placing an order or delivery acceptance and are also valid for future business. Deviating conditions of the buyer, oral commitments by our representatives, employees and other arrangements which have not been expressly recognized by us in writing, are not binding on us, even if we do not explicitly contradict them. All agreements must be legally binding written confirmation.
2. Offer and Conclusion
Our offers are always non-binding. Technical innovations and improvements in design, size, weight, material, color and form are expressly reserved. This also applies to information in brochures, catalogs and all written documents.
The captured customer data for order processing are processed and stored by means of EDP. When ordering the buyer given its consent thereto. The customer data will not be disclosed to third parties.
3. Provided documents
For the materials, products, construction materials, shapes, patterns, services, pictures and other documents made available by us, we reserve all intellectual property rights and copyrights. Such documents may be reproduced without our express permission or shared with third parties.
All prices are ex works Griesbach, excluding packaging, freight and customs. Our prices are based on the currently valid price lists. Should the latter change this to delivery of the order, we are entitled to calculate an increase based on the new price list. Agreements to the contrary in writing. The VAT will be shown separately in the invoice..
5. Delivery and delivery times
All dates and deadlines specified by us are not binding unless expressly agreed otherwise in writing. All delivery obligations are subject to timely own supply. Delivery and service delays due to force majeure, interference by public authorities o. Ä. Circumstances, strike, war, shortage of raw materials, operating disturbances are displayed and due to events that complicate the delivery considerably more difficult or impossible, we have also agreed to binding deadlines and dates not responsible, even if they occur with our suppliers or subcontractors. They entitle us to postpone delivery or performance for the duration of the hindrance plus a reasonable lead time or to withdraw from the contract because of the unfulfilled part completely or partially. The buyer has no right to withdraw, for damages for non-performance, cancellation or reduction. Otherwise we will only be in default if the customer has set a grace period of at least two months. Regardless, we have the right to withdraw all or part of the contract. Damage claims by the buyer are excluded even after expiry of us has expired. For partial deliveries or services we are entitled at any time.
6. Shipping and transfer of risk
The shipment will be at our discretion and at the risk and expense of the customer. The order is with the handover to the carrier to be fulfilled. Special delivery requests are for the recipient. The risk passes to the buyer once the shipment has left our establishment.
7. Default of acceptance
If the customer accepts the goods are not from, we are entitled to claim damages for non-performance.
Supplies to consumers only against prepayment or cash. Payments are only in the contract, if the amount is paid in cash or one of the accounts of the HMG is credited unconditionally before the relevant payment period. Exceeding this payment period automatically occurs a default, without requiring even a reminder. When the buyer is exceeding the deadline is obliged without reminder, interest at the rate of 5% per annum to pay above the applicable base rate. Payments by the buyer are gem. § 367 BGB initially recognized on the costs, then the interest and finally against the principal claim. The claim higher damages remains reserved HMG. The buyer is not entitled to the purchase price of potential counterclaims, not resulting from this contract to retain them. A right to set off only undisputed or legally established counterclaims. We are entitled to assign our claims from deliveries and services for financing purposes.
9. Guarantee / Warranty
In material and workmanship, we provide one year warranty or guarantee according to legal regulations and applicable from the date of delivery to the buyer. Opposite end users we provide 24 months compared to industrial customers 12 months warranty. The guarantee or warranty applies to all parts or services which have a defect that existed under 6. our Terms at the time of transfer of risk. Obvious defects, the buyer within 8 days after receipt of goods, to reprimand hidden defects immediately after discovery of the error in writing, otherwise the buyer loses all claims for such defects. To demonstrate the shortcomings of the findings of our work is relevant. To remedy a reasonable time must be given to us. Conversion and reduction in price as well as claims for damages of any kind, for example, for damages or costs that are directly or indirectly attributable to the goods supplied by us, are excluded. Faults and damage caused by force majeure – usual wear – damage and accidents due to lack of control, lack of maintenance or improper use? structural changes? Repair services from third parties, if they have not agreed with us – travel and installation costs – are also excluded. The exchange of goods, we only accept freight charges paid. For justified and timely complaint, we may, at our discretion, either repair goods or deliver faultless replacement. For alternatively delivered and installed parts, repairs or discarded equipment, the warranty period is one year from delivery or installation.
10. Retention of title
The delivered goods until full payment of all claims from the business relationship between the buyer and HMG property of HMG. The requirement is only considered paid upon receipt of the equivalent value of your company HMG. All claims incurred by the buyer from further delivery of reserved goods are immediately transferred to the amount of the claim to the supplier. Until full payment of all arising from the business relationship the buyer the goods may not pledge to third parties or by way of security.
11. Performance and Jurisdiction
Performance for all obligations under the contract is the seat of our company. The jurisdiction for all disputes arising from the contract is also location of our firm. Separately, we are also entitled to sue the contractual partner at his general jurisdiction. The entire contractual relationship is governed exclusively by the laws of the Federal Republic of Germany.
12. Other provisions
If any provision of these terms and conditions or any provision in any of our other contractual agreements be or become invalid, this shall not affect the validity of these terms or agreements in the rest. In this case, the parties are obliged to replace the invalid provision by another possible the same economic effect.