General Terms and Conditions (GTCs)
for all deliveries of goods and services of the company
HÜBNER-LEE GmbH & Co. KG, Gewerbestrasse 1, D-87752 Holzgünz
1. Validity of the General Terms and Conditions
We operate exclusively on the basis of our General Terms and Conditions. Deviating terms and conditions of our suppliers and customers shall not be binding for us, even if we do not expressly object to them. The laws of the Federal Republic of Germany shall apply exclusively.
2. Quotes
Our quotations are always subject to change. Samples and specimens serve as non-binding general information. All oral and written information regarding the suitability and possible applications of our products is provided to the best of our knowledge. However, they merely reflect our own experience and shall not constitute grounds for any claims against us. In particular, the customer shall not be released from the obligation to convince themselves of the suitability of the products for their intended purpose by conducting their own tests.
3. Conclusion of the contract
The contractual relationship shall be governed exclusively by our order confirmation. We reserve the right of ownership and copyright to all quotes, calculations, and samples or other documents provided in connection with the placement of the order. These documents are not to be made accessible to third parties. If the contract is not concluded due to a lack of an order confirmation, these documents are to be returned to us promptly upon request.
4. Delivery
Delivery deadlines are to be agreed upon in writing. Unless an expressly binding delivery date has been agreed upon, our delivery dates or delivery periods serve exclusively as non-binding information. If we do not adhere to binding delivery deadlines agreed upon in writing and are at fault for this, we shall be liable for compensation for any damages proven by the customer. This shall not apply if the delay is due to force majeure. The customer shall undertake to create the technical, logistical and other prerequisites necessary for the execution of the order. If goods are shipped to the customer or collected by the customer, the risk shall be transferred to the customer immediately upon fulfillment of the delivery conditions agreed upon as specified in the order confirmation. If the customer is in default of acceptance or culpably violates other duties of cooperation, we shall be entitled to demand compensation for the damages we incur as a result, including any additional expenses. We also reserve the right to assert further claims. On his/her part, the customer reserves the right to prove that no damage at all or at least substantially less damage than the amount demanded was incurred. The risk of accidental loss or accidental deterioration of the item or product shall be transferred to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
5. Prices
For transactions with consumers, the prices on the day of the conclusion of the contract shall apply. If there is a period of more than 4 months between the conclusion of the contract and delivery, we shall be entitled to pass on increases and decreases in prices, in particular those resulting from changes in our purchase prices or changes in labor costs. For transactions with entrepreneurs, we shall, in the event of significant cost changes up to the date of delivery, be entitled to negotiate a price change, in particular if these involve changes in material and labour costs or if the statutory value added tax/sales tax changes. The right to change prices shall not apply if delays in delivery can be proven to be solely our responsibility.
6. Payment
Unless otherwise agreed upon, payment shall be made in full within 8 days upon receipt of the invoice. We are not obliged to accept checks or bills of exchange. Should we accept them, this shall only be on account of performance. Discount and exchange charges and other costs we incur shall be borne by the customer. However, at the very latest, the customer shall be in default of payment with a reminder if he/she does not pay within 30 days of the due date and receipt of our invoice. In the event of a default in payment, we shall be entitled to charge interest at a rate of 5 percentage points or, in the case of legal transactions in which a consumer is not involved, at a rate of 8 percentage points above the respective applicable base interest rate. The assertion of greater damages associated with the default is not excluded. Our customers expressly reserve the right to prove that no damages have been incurred or that the damages are significantly lower than the amount we have claimed. We may charge reminder costs of EUR 10.00 per reminder. The customer shall only be entitled to offset claims if they have been legally established or are undisputed. The customer shall also be entitled to offset our claims if he/she asserts claims for defects or counterclaims from the same contract. The customer shall only be entitled to exercise a right of retention insofar as his/her counterclaim is based on the same contractual relationship.
7. Retention of title
We shall retain ownership of the goods delivered by us until payment has been made in full. In the case of transactions with entrepreneurs, this retention of title shall also apply until all claims, including future and conditional claims arising from the business relationship with us, have been settled. Accepting the return of goods delivered under retention of title shall not be considered as a withdrawal from the contract where contracts with entrepreneurs are concerned; in the case of transactions with consumers, accepting such a return shall be considered as a withdrawal from the contract. The following additional provisions shall apply to transactions with entrepreneurs: our customer shall be entitled to the further sale of the goods subject to retention of title in the proper course of business, but not to transfer or pledge them by way of security. Already now, our customer hereby assigns to us the claims against his/her business partner arising from the sale of the goods subject to retention of title; in the case of further processing, this includes the share of the processed good. We shall not disclose this assignment unless our customer is at least 2 weeks in default with a claim that is due or has revoked an authorisation to collect that was granted to us. If the value of all the securities we hold exceeds the claims from our invoices by more than 10% on a sustained basis, we shall release securities of our choosing at the customer’s request. If our customer fails to meet the terms of payment agreed upon despite a reminder, we shall be entitled to repossess the goods we previously delivered, whether assembled or unassembled, at any time. Our customer expressly grants us the right to take possession of our goods subject to retention of title at any location. We are also entitled to dismantle the goods at our customer’s expense. The respective owner of the goods is irrevocably authorised by the customer to return the goods to us.
8. Warranty – Liability for Material Defects
Within the scope of the following warranty conditions, we shall provide a warranty for material defects for a period of two years for new goods, insofar as this is a purchase of consumer goods, otherwise for a period of one year. This period shall also apply to claims for compensation for consequential damages caused by a defect, insofar as no claims in tort are asserted. In each case, the warranty periods are calculated starting from the delivery of the goods to our customer. Notifications of defects should be in writing wherever possible. In the case of transactions with entrepreneurs, obvious defects must be reported in writing within 8 days after delivery (receipt by the customer), and non-obvious defects no later than 12 months after delivery. In the event that these notification periods are not complied with, all warranty claims against us shall be null and void. In the case of transactions with entrepreneurs, we have the right to choose between the rectification of the defect or a replacement delivery. Within the scope of warranty claims, customers who are consumers shall initially have the choice of whether supplementary performance is to be effected via rectification of the defect or replacement delivery. However, we shall be entitled to refuse the type of supplementary performance chosen by the customer if it would only be possible at disproportionate cost and the other type of supplementary performance does not result in any significant disadvantages for the customer. During the supplementary performance, the reduction of the price or the withdrawal from the contract by the customer are excluded. Rectification of the defect shall be deemed to have failed upon an unsuccessful second attempt, unless this is due in particular to the nature of the issue or the defect or other circumstances. If supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his/her discretion, demand a reduction of the price or declare his/her withdrawal from the contract. The customer may only assert claims for damages under the following conditions on account of the defect if supplementary performance has failed or we have refused supplementary performance. The customer’s right to assert claims for damages under the following conditions shall remain unaffected. In the case of replacement deliveries, we shall be entitled to issue a credit note for a smaller amount or to make a smaller payment in accordance with the degree of wear and tear of the object of purchase that is the subject of the claim. Our customer may choose between a credit note and a payment. Warranty claims against us shall be voided if defects, deficiencies or damage are causally attributable to the fact that
a) installation instructions were not adhered to by the customer,
b) natural wear and tear or damage to the object of purchase is present which is attributable to improper handling,
c) the defect was caused by fire, frost, natural events or other circumstances for which the customer bears the responsibility.
9. Liability
We shall be liable for damages if we or our vicarious agents are guilty of intent or gross negligence. Furthermore, we shall be liable if properties have been assured or guarantees have been given, or if the damage has arisen due to default on our part, or due to an impossibility of performance for which we are responsible. We shall also be liable in the event of a breach of essential contractual obligations. In the aforementioned cases, liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. In all other cases, claims for damages against us shall not be entertained. Limitations and exclusions of liability shall not apply in the event of damages resulting from loss of life, bodily injury or injury to health. Furthermore, limitations and exclusions of liability shall not apply if and to the extent that claims are asserted against us under the provisions of the Product Liability Act.
10. Acceptance
In the case of assembly work carried out by us, the customer shall undertake to accept the work upon our written notification of completion. This acceptance must be made in writing. Acceptance shall also be deemed to have taken place if the customer does not accept the work after proper completion within 12 working days of our written request for acceptance. If the customer is in default of acceptance, we shall only be liable for intent or gross negligence.
11. General Provisions
In the case of transactions with merchants, the place of performance and exclusive place of jurisdiction shall be our registered office. Agreements made by telephone or verbally shall be confirmed in writing without delay. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions.
We operate exclusively on the basis of our General Terms and Conditions. Deviating terms and conditions of our suppliers and customers shall not be binding for us, even if we do not expressly object to them. The laws of the Federal Republic of Germany shall apply exclusively.
2. Quotes
Our quotations are always subject to change. Samples and specimens serve as non-binding general information. All oral and written information regarding the suitability and possible applications of our products is provided to the best of our knowledge. However, they merely reflect our own experience and shall not constitute grounds for any claims against us. In particular, the customer shall not be released from the obligation to convince themselves of the suitability of the products for their intended purpose by conducting their own tests.
3. Conclusion of the contract
The contractual relationship shall be governed exclusively by our order confirmation. We reserve the right of ownership and copyright to all quotes, calculations, and samples or other documents provided in connection with the placement of the order. These documents are not to be made accessible to third parties. If the contract is not concluded due to a lack of an order confirmation, these documents are to be returned to us promptly upon request.
4. Delivery
Delivery deadlines are to be agreed upon in writing. Unless an expressly binding delivery date has been agreed upon, our delivery dates or delivery periods serve exclusively as non-binding information. If we do not adhere to binding delivery deadlines agreed upon in writing and are at fault for this, we shall be liable for compensation for any damages proven by the customer. This shall not apply if the delay is due to force majeure. The customer shall undertake to create the technical, logistical and other prerequisites necessary for the execution of the order. If goods are shipped to the customer or collected by the customer, the risk shall be transferred to the customer immediately upon fulfillment of the delivery conditions agreed upon as specified in the order confirmation. If the customer is in default of acceptance or culpably violates other duties of cooperation, we shall be entitled to demand compensation for the damages we incur as a result, including any additional expenses. We also reserve the right to assert further claims. On his/her part, the customer reserves the right to prove that no damage at all or at least substantially less damage than the amount demanded was incurred. The risk of accidental loss or accidental deterioration of the item or product shall be transferred to the customer at the point in time at which the customer is in default of acceptance or debtor’s delay.
5. Prices
For transactions with consumers, the prices on the day of the conclusion of the contract shall apply. If there is a period of more than 4 months between the conclusion of the contract and delivery, we shall be entitled to pass on increases and decreases in prices, in particular those resulting from changes in our purchase prices or changes in labor costs. For transactions with entrepreneurs, we shall, in the event of significant cost changes up to the date of delivery, be entitled to negotiate a price change, in particular if these involve changes in material and labour costs or if the statutory value added tax/sales tax changes. The right to change prices shall not apply if delays in delivery can be proven to be solely our responsibility.
6. Payment
Unless otherwise agreed upon, payment shall be made in full within 8 days upon receipt of the invoice. We are not obliged to accept checks or bills of exchange. Should we accept them, this shall only be on account of performance. Discount and exchange charges and other costs we incur shall be borne by the customer. However, at the very latest, the customer shall be in default of payment with a reminder if he/she does not pay within 30 days of the due date and receipt of our invoice. In the event of a default in payment, we shall be entitled to charge interest at a rate of 5 percentage points or, in the case of legal transactions in which a consumer is not involved, at a rate of 8 percentage points above the respective applicable base interest rate. The assertion of greater damages associated with the default is not excluded. Our customers expressly reserve the right to prove that no damages have been incurred or that the damages are significantly lower than the amount we have claimed. We may charge reminder costs of EUR 10.00 per reminder. The customer shall only be entitled to offset claims if they have been legally established or are undisputed. The customer shall also be entitled to offset our claims if he/she asserts claims for defects or counterclaims from the same contract. The customer shall only be entitled to exercise a right of retention insofar as his/her counterclaim is based on the same contractual relationship.
7. Retention of title
We shall retain ownership of the goods delivered by us until payment has been made in full. In the case of transactions with entrepreneurs, this retention of title shall also apply until all claims, including future and conditional claims arising from the business relationship with us, have been settled. Accepting the return of goods delivered under retention of title shall not be considered as a withdrawal from the contract where contracts with entrepreneurs are concerned; in the case of transactions with consumers, accepting such a return shall be considered as a withdrawal from the contract. The following additional provisions shall apply to transactions with entrepreneurs: our customer shall be entitled to the further sale of the goods subject to retention of title in the proper course of business, but not to transfer or pledge them by way of security. Already now, our customer hereby assigns to us the claims against his/her business partner arising from the sale of the goods subject to retention of title; in the case of further processing, this includes the share of the processed good. We shall not disclose this assignment unless our customer is at least 2 weeks in default with a claim that is due or has revoked an authorisation to collect that was granted to us. If the value of all the securities we hold exceeds the claims from our invoices by more than 10% on a sustained basis, we shall release securities of our choosing at the customer’s request. If our customer fails to meet the terms of payment agreed upon despite a reminder, we shall be entitled to repossess the goods we previously delivered, whether assembled or unassembled, at any time. Our customer expressly grants us the right to take possession of our goods subject to retention of title at any location. We are also entitled to dismantle the goods at our customer’s expense. The respective owner of the goods is irrevocably authorised by the customer to return the goods to us.
8. Warranty – Liability for Material Defects
Within the scope of the following warranty conditions, we shall provide a warranty for material defects for a period of two years for new goods, insofar as this is a purchase of consumer goods, otherwise for a period of one year. This period shall also apply to claims for compensation for consequential damages caused by a defect, insofar as no claims in tort are asserted. In each case, the warranty periods are calculated starting from the delivery of the goods to our customer. Notifications of defects should be in writing wherever possible. In the case of transactions with entrepreneurs, obvious defects must be reported in writing within 8 days after delivery (receipt by the customer), and non-obvious defects no later than 12 months after delivery. In the event that these notification periods are not complied with, all warranty claims against us shall be null and void. In the case of transactions with entrepreneurs, we have the right to choose between the rectification of the defect or a replacement delivery. Within the scope of warranty claims, customers who are consumers shall initially have the choice of whether supplementary performance is to be effected via rectification of the defect or replacement delivery. However, we shall be entitled to refuse the type of supplementary performance chosen by the customer if it would only be possible at disproportionate cost and the other type of supplementary performance does not result in any significant disadvantages for the customer. During the supplementary performance, the reduction of the price or the withdrawal from the contract by the customer are excluded. Rectification of the defect shall be deemed to have failed upon an unsuccessful second attempt, unless this is due in particular to the nature of the issue or the defect or other circumstances. If supplementary performance has failed or if we have refused the supplementary performance altogether, the customer may, at his/her discretion, demand a reduction of the price or declare his/her withdrawal from the contract. The customer may only assert claims for damages under the following conditions on account of the defect if supplementary performance has failed or we have refused supplementary performance. The customer’s right to assert claims for damages under the following conditions shall remain unaffected. In the case of replacement deliveries, we shall be entitled to issue a credit note for a smaller amount or to make a smaller payment in accordance with the degree of wear and tear of the object of purchase that is the subject of the claim. Our customer may choose between a credit note and a payment. Warranty claims against us shall be voided if defects, deficiencies or damage are causally attributable to the fact that
a) installation instructions were not adhered to by the customer,
b) natural wear and tear or damage to the object of purchase is present which is attributable to improper handling,
c) the defect was caused by fire, frost, natural events or other circumstances for which the customer bears the responsibility.
9. Liability
We shall be liable for damages if we or our vicarious agents are guilty of intent or gross negligence. Furthermore, we shall be liable if properties have been assured or guarantees have been given, or if the damage has arisen due to default on our part, or due to an impossibility of performance for which we are responsible. We shall also be liable in the event of a breach of essential contractual obligations. In the aforementioned cases, liability shall be limited to the typical damage foreseeable at the time of conclusion of the contract. In all other cases, claims for damages against us shall not be entertained. Limitations and exclusions of liability shall not apply in the event of damages resulting from loss of life, bodily injury or injury to health. Furthermore, limitations and exclusions of liability shall not apply if and to the extent that claims are asserted against us under the provisions of the Product Liability Act.
10. Acceptance
In the case of assembly work carried out by us, the customer shall undertake to accept the work upon our written notification of completion. This acceptance must be made in writing. Acceptance shall also be deemed to have taken place if the customer does not accept the work after proper completion within 12 working days of our written request for acceptance. If the customer is in default of acceptance, we shall only be liable for intent or gross negligence.
11. General Provisions
In the case of transactions with merchants, the place of performance and exclusive place of jurisdiction shall be our registered office. Agreements made by telephone or verbally shall be confirmed in writing without delay. Should individual provisions of these General Terms and Conditions be or become invalid, this shall not affect the legal validity of the remaining provisions.
