Hartwig Paulsen · Anlagenbau GmbH
General Conditions of Sale, Shipping and Payment
§ 1 Range of application and scope
The following terms are valid for all our sales transactions with allour customers, to be precise independent of any concrete indication in particular case for all further legal transactions. Contractual conditions of the customer, particularly in order confirmations but also in any other correspondence will not be accepted unless we would have expressly agreed to them.
§ 2 Conclusion of a contract
1. Our catalogues, indications on our CR-ROM and any other product descriptions serve as information and contain no offer in legal sense. The inquiry is to be made by the customer. We are entitled to accept an offer of the customer within a period of 2 weeks.
2. The contract just comes into being by our written order confirmation or by handing over or delivery of the goods.
§ 3 Prices and terms of payment
1. We only accept payment in advance. Bills of exchange, will not be accepted, cheques and credit cards only in case of special agreements and confirmation of cover.
§ 4 Deliveries
1. Delivery dates and delivery times which can be arranged binding and non-binding are to be made in writing.
2. The dispatch of the goods is only effected on the basis of special agreements and only at the customer’s risk and expense. Freight charges are to be advanced by the customer. If delivery is delayed at the customer’s request, the risk will pass on to him with announcing of being ready to take delivery.
3. If we are behind in our performances, the claim for compensation is limited to 5 % of the invoice value of the performance concerned. Should the customer, on the basis of legal conditions and on expiry of an appropriate period of grace, claim for compensation instead of the performance or if the performance becomes impossible for us during the delay in delivery, the customer’s claim is – in case of slight negligence – limited to a maximum of 10 % of the agreed purchase price. This is not valid if fixed dates have been arranged for the performance we are responsible for. In any case we reserve the right to prove a smaller damage, the customer reserves the right of proving a higher damage than the flat rate.
4. All consignments are insured by us, we thus charge for every order a participation in freight insurance of 2,50 E.
§ 5 Defects / Guarantee
1. The subject matter of the contract is exclusively the purchased item with its features and application in accordance with the manufacturer’s product description well-known to the customer. The customer has the possibility to see the corresponding product description before the conclusion of the contract. Other or further features or another applicatiobn are only regarded as agreed if they have been expressly confirmed by us in writing.
2. The customer is obliged to inform us immediately and in writing of detected defects. This applies also to those defects which are revealed after a repair attempt. The customer is obliged to inform us about defects which could not bei considered as hidden defects within 5 days after purchase. Hidden defects have to be communicated to us within 5 days after their detection. If the customer did not inform us by expiry of this deadline, the goods are considered as accepted free of defects.
3. The customer’s claim to subsequent compliance ot the contract stipulated in law is to answered at our choice either by subsequent delivery (substitute delivery) or replair.
4. Customer’s claims regarding material defects come under the statute of limitations one year after the delivery of the goods to the customer. 5. Claims of the customer as regards bodily harm as well as in case of deceitful concealing of a defect or if taking over of a warranty for the composition or a risk of acquisition are always accepted.
6. We will accept return deliveries only after prior agreement (the customer must request the return number), in the original packaging, with a copy of the invoice, with the reason for the complaint, and carriage free. We reserve the right to charge a labour cost flat rate.
§ 6 Liability
1. In all cases of breach of contractual or advance contractual terms or of legal obligations we are only liable in case of intention or gross negligence.
2. In case of a merely negligent breach of an obligation by us or by our agent of vicarious liability we are only liable in case of breach or nonfulfilment of essential duties of the contract and only on the contract typical, foreseeable damage.
3. The liability for deceitful concealing of a defect, for taking over of the warranty or a risk of acquisition according to the product liability law and for bodily harms remains is always accepted. 4. The liability for delay in delivery is regulated in § 4.
5. Exluded is the personal liability of our legal representatives, agents of vicarious and company staff for damages they caused by slight negligence
§ 7 Concluding terms
1. The contract including terms of sale, delivery and payment is exclusively based on and judged according to Germen right, even if the customer’s company is based in a foreign country or if it concerns an export business.
2. Place of jurisdiction for all arguments concerning the legal relationship is the court responsible for Karlsruhe.
3. Should single parts of the above terms be null and void, all other conditions remain valid. The contractual parts shall give, if possible an appropriate effective version to an invalid regulation which corresponds to its economical purpose.