Terms & Conditions

Hohenhausen – Willinger Weg 20 – 29614 Soltau

General Terms and Conditions of Delivery and Business

I. Offer
The documents belonging to the offer, such as illustrations, drawings, weights and dimensions, are only approximate unless they are expressly designated as binding. We reserve the property rights and copyrights to cost estimates, drawings and other documents: they may not be made accessible to third parties. We undertake to make plans designated as confidential by the customer available to third parties only with the customer's consent. The offers are non-binding and subject to change with regard to the possibility of delivery and delivery time.

II. Scope of delivery
Our written order confirmation shall be exclusively decisive for the scope of delivery. In the case of immediate delivery, however, the written order confirmation may be replaced by our invoice. Subsidiary agreements and amendments require our written confirmation. Withdrawal from the order placed with us is excluded unless we are paid appropriate compensation in an amount to be determined by us in the order.

III. Preis und Zahlung
1. In the absence of a special agreement, the prices shall apply ex place of manufacture including loading at the place of manufacture, but excluding packaging. No compensation shall be paid for losses, mix-ups or damage on the way from the factory to the place of receipt. Value added tax at the statutory rate shall be added to the prices. In the absence of a special agreement, payment shall be made in cash without any deductions, free Soltau payment office. Interest for late payments under the contract will be charged at 8% above the base interest rate as per. §247 BGB (German Civil Code).

2. The delivery period shall commence with the dispatch of the order confirmation, but not before the provision of the documents to be procured by the Purchaser. The delivery period shall be extended appropriately in the event of measures within the scope of industrial disputes, in particular strikes and lockouts, as well as in the event of the occurrence of unforeseen obstacles which are beyond the Supplier's control, insofar as such obstacles demonstrably have a significant influence on the manufacture or delivery of the delivery item. The delivery periods shall be observed as far as possible. However, should an unforeseen delay in delivery occur, this shall not entitle the Purchaser to cancel the order. This also applies if the circumstances occur with subcontractors. We reserve the right to make partial shipments.
IV. Transfer of risk

The risk shall pass to the customer at the latest upon dispatch of the delivery parts, even if partial deliveries are made or we have assumed other services, e.g. the shipping costs or delivery or installation.

V. Warranty and Disclaimer

Defects must be reported to Hohenhausen GmbH in writing immediately after they have been detected. As warranty, the Contractual Partner may initially only demand rectification of the defective performance free of charge. If the defect is not remedied within a reasonable period of time or if the remedy fails, the Contractual Partner may demand a reduction of the remuneration (abatement) or rescission of the contract (redhibition). The warranty period shall be 12 months and shall commence at the time of delivery of the goods to the Purchaser or at the place of delivery designated by the Purchaser. The liability of Hohenhausen GmbH for all damages of an order together is limited to the maximum amount of the order value. Further claims are excluded.

VI. Retention of title

We reserve title to the delivery item until receipt of all payments under the delivery contract. We are entitled to insure the delivery item against theft, breakage, fire, water and other damage at the expense of the customer, unless the customer can prove that he has taken out the insurance himself. The customer may neither pledge the delivery item nor assign it as security. In the event of seizure, confiscation or other dispositions by third parties, he shall notify us thereof without delay. In the event that the customer acts in breach of contract, in particular in the event of default in payment and in the event that the customer suffers a financial collapse, we shall be entitled to take back the goods and the customer shall be obliged to surrender them. The assertion of the retention of title as well as the seizure of the delivery item by us shall not be deemed a withdrawal from the contract.

VII. Jurisdiction

In the event of any disputes arising from the contract, the place of jurisdiction shall be Celle, irrespective of the amount in dispute, if the customer is a registered trader, a legal entity under public law or a special fund under public law.

VIII. Other

Should individual contractual conditions prove to be invalid, the remaining terms and conditions shall remain unaffected. Invalid terms and conditions shall be replaced by terms and conditions which come as close as possible to the meaning and purpose pursued by the invalid term or condition.

As of: January 2014