General terms and conditions
General terms and conditions of the company: HÜBNER Spielplatz-
General terms and conditions of the company Hübner for business transactions with traders, legal entities under public law and special funds under public law
Section 1 Validity of the conditions
1. The seller’s deliveries, services and offers shall be made exclusively on the basis of these terms and conditions. These shall therefore also apply to all future business relationships, even if they are not explicitly agreed upon again. These conditions shall be considered to have been accepted upon receipt of the goods at the latest. The buyer’s counter confirmations referring to his own terms and conditions are hereby rejected. Deviations from these terms and conditions shall only be effective if the seller has confirmed them in writing.
Section 2 Offer and conclusion of contract
1. Any offers made by the seller are non-
2. Drawings, illustrations, dimensions, grain specifications, weights or other technical data are only binding if expressly agreed upon in writing.
3. The sales staff employed by the seller are not authorised to make verbal collateral agreements or give verbal assurances that go beyond the content of the written contract.
Section 3 Prices
1. Unless otherwise stipulated, the seller shall be bound by the prices contained in its quotes for 7 days from the date of their issue. The prices stated in the seller’s order confirmation plus the respective statutory value added tax are decisive. Additional deliveries and services are invoiced separately. Unless otherwise agreed, all prices include.
FOB warehouse (location), including normal packaging.
Section 4 Delivery-
1. Delivery dates or deadlines can be agreed as binding.
3. If the hindrance lasts longer than two months, the buyer is entitled, after a reasonable grace period, to withdraw from the contract with regard to the unfulfilled service. If the delivery time is extended or if the seller is released from its obligation, the buyer cannot derive any claims for damages. The seller can only invoke the circumstances mentioned if it informs the buyer immediately.
4. If the seller is responsible for non-
5. The seller is entitled to provide partial deliveries and partial services at any time.
Section 5 Transfer of risk
Risk is transferred to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the seller's warehouse for the purpose of dispatch. If shipment becomes impossible through no fault of the seller, the risk passes to the buyer with the notification of readiness for shipment.
Section 6 Warranty
1. The seller guarantees that products are free from manufacturing-
Information regarding grain size or mixture ratios for individual products can only be considered as approximate mean values. Deviations within the tolerances, which a possible each individual case – caused by the use of natural raw materials – and are unavoidable despite all due care, are expressly reserved. Designs are only considered average samples.
2. The guarantee period starts on the delivery date. If the seller’s operating or maintenance instructions are not followed or changes are made to the products, then any warranty is void.
3. The buyer must inform the seller of any defects immediately in writing, but no later than within one week of receiving the delivered goods. Defects that cannot be detected upon careful examination within this period must be reported to the seller immediately after their discovery.
4. In the case of a notification from the buyer that the products do not correspond to the warranty, these must be repaired, redelivered or re-
5. If replacement deliveries or repairs fail after a reasonable period or require excessive costs, only a reduction of the purchase can be requested after assembly.
6. Liability for normal wear and tear is excluded.
7. Only the direct buyer is entitled to make warranty claims against the seller and they are not transferable.
8. The paragraphs above contain the warranty for the products and exclude other warranty claims of any kind. This does not apply to damage claims to quality guarantees, which are intended to protect the buyer against the risk of consequential damages.
Section 7 Retention of title
1. Until all debts are paid (including all balance debts on current accounts), which are due to the seller from the buyer for any legal reason either now or in the future, the seller will be guaranteed the certain securities, which it may release upon request and at its own discretion in as far as the value of the debts permanently exceeds more than 20 %.
2. The goods remain the property of the seller. Any processing or transformation shall always be done by the seller as the manufacturer, however without any obligation on its part. Should the (joint) ownership of the seller expire as a result of connecting or blending, it is already agreed that the buyer’s (joint) ownership of the single object shall pass to the seller in terms of value (invoice value). The buyer shall keep the (joint) ownership of the seller free of charge. Goods to which the seller is entitled to (joint) ownership shall be referred to below goods subject to reservation.
3. Unless in default, the buyer is entitled to process and sell the goods subject to reservation within the course of ordinary business. Pledging or transfers by way of security are not permitted. By way of security, the buyer agrees, here and now, to assign all claims in their entirety to the seller (including all balance claims on current account) arising from resale or any other legal grounds (insurance, tort) of the goods subject to reservation. Subject to revocation, the seller authorises the buyer to collect the debts assigned to the seller for its account in its own name. This collection authorisation can only be revoked if the buyer fails to meet its payment obligations.
4. In the case of third party access to the goods subject to reservation, the buyer will refer to the property of the seller and notify it immediately.
5. In the event of the buyer acting contrary to the contract – particularly default in payment – the seller shall be entitled to take back the goods subject to reservation or, if need be, to demand assignment of the buyer’s claims against any third party for the return thereof. The repossession or pledging of the goods subject to reservation by the seller is – unless the Statute Covering Instalmment Sales applies -
Section 8 Payment
1. Unless otherwise agreed, the seller’s invoices must be paid 30 days after invoicing without deduction. The seller’s invoices for replacement parts of accessories, plus any transport services, are payable immediately without deduction. Despite contrary provisions of the buyer, the seller is entitled to initially offset payments against the latter's older debts and will inform the buyer of the type of offset that has occurred. If costs and interest have already resulted, the seller is entitled to initially offset the payment against the costs, then against the interest and finally the main claim.
2. A payment shall be deemed to have been made if the seller can access the amount. In the case of cheques, the payment shall only be deemed to have been made once the cheque is irrevocably honoured.
3. If the buyer is in default, the seller shall be entitled to charge interest from the appropriate point in time in the amount of the interest rate charged by commercial banks for open overdrafts plus the statutory value added tax. They must be applied at a lower rate if the buyer can prove charges.
5. The buyer is only entitled to offset if the counterclaim is undisputed or been determined to be legally binding.
4. If the seller becomes aware of circumstances, which call into doubt the creditworthiness of the buyer, in particular if a cheque is not honoured or the buyer stops its payments or if other circumstances become known, which call into doubt its creditworthiness, the buyer shall be entitled to demand payment of the remaining debt, even if it has accepted cheques. In this case, the seller is also entitled to demand advance payments or securities.
5. The buyer is only entitled to offsetting, retention or reduction, even if notices of defect or counterclaims are enforced, if the counterclaims have been stipulated as legally valid or these are indisputable.
Section 9 Secrecy
Unless otherwise expressly agreed upon in writing, any information provided to the seller in connection with the order shall not be considered confidential.
Section 10 Limitation of liability
Claims for compensation for damages arising from impossibility of supply, from positive violation of obligation, from negligence in the conclusion of the contract and from unlawful acts, both against the seller and its vicarious agents, are excluded insofar as no intentional or grossly negligent dealings are concerned. In the event of the violation of significant contractual obligations, the seller shall only be liable for simple negligence only up to the amount of the typically foreseeable damage.
Section 11 Applicable law, place of jurisdiction, partial invalidity
1. The law of the Federal Republic of Germany shall exclusively apply to these general terms and conditions and the entire contractual relationship between the seller and the buyer.
2. If the buyer is a qualified merchant within the meaning of the German commercial code, a legal entity under public law or special fund under public law, Berlin shall be the exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship.
3. If a provision of these general terms and conditions or a provision as part of any other<383/> agreements is or becomes ineffective, the effectiveness of all other provisions or agreements shall not be effected.
General terms and conditions of the company Hüber to be applied to non-
Section 1 Validity of the conditions
The seller’s deliveries, services and offers shall exclusively take place based on these terms and conditions. These shall therefore also apply to all future business relationships, even if they are not explicitly agreed again.
Section 2 Contract conclusion
1. Offers contained in brochures, adverts, etc. are – even when referring to price information – non-
2. The buyer is bound to its order for four weeks. Orders require the seller’s written confirmation to become legally binding. Confirmation shall be considered as having been given if the seller does not refuse acceptance within four weeks of the incoming order. Collateral agreements, changes and additions shall only be valid if the seller has confirmed them in writing.
Section 3 Prices, price changes
1. Prices include statutory value added tax.
2. Provided that there are more than two months between the conclusion of the contract and either the agreed and actual delivery date or just the actual delivery date, the prices of the seller valid at the time of delivery or provision shall apply; if the most recently mentioned prices exceed what was initially agreed upon by more than five percent, then the buyer is entitled to withdraw from the contract.
Section 4 Dates/deadlines
1. Delivery dates or deadlines that can be binding or non-
2. If there are delays in delivery for which the seller is responsible, the statutory period of grace set by the buyer shall be four weeks, which shall apply once the seller receives notice of the grace period.
Section 5 Shipping and transfer of risk
Risk is transferred to the buyer as soon as the consignment has been handed over to the person carrying out the transport or has left the production location, which has been commissioned by the seller, for the purpose of dispatch. If shipment becomes delayed at the request of the buyer, the risk passes to the buyer with the notification of readiness for shipment.
Section 6 Warranty and liability
1. Liability for normal wear and tear is excluded. If the object of delivery is defective or lacks warranted qualities or if it becomes defective within the warranty period due to production or material defects, the seller shall, at its own discretion, provide a replacement or repair under exclusion of other warranty claims of the buyer. Repeated repairs and permitted. Information regarding grain size or mixture ratios for individual products can only be considered as approximate mean values. Deviations within the tolerances, which are possible in each individual case – caused by the use of natural raw materials – and are unavoidable despite all due care, are expressly reserved. Designs are only considered average samples.
2. The warranty period corresponds to the warranty period of the respective manufacturer, plus one year for natural raw materials, otherwise two years for its own products; it begins on the date of delivery.
3. Obvious defects must be reported in writing to the seller immediately but no later than within two weeks after delivery. The defective goods shall be kept in the state in which they were at the time of determination of the defect and shall be provided to the seller for inspection. Any violation against the aforementioned obligations shall result in the exclusion of any warranty claims against the seller.
4. If replacement deliveries or repairs fail after a reasonable period or require excessive costs, only a reduction of the purchase can be requested after assembly.
5. The seller will provide information and advice regarding its products to the best of its knowledge. However, it shall only be liable in accordance with the following paragraph if a special fee has been agreed upon for this purpose.
6. Claims for compensation for damages arising from impossibility of supply, due to non-
Section 7 Retention of title
1. Until all debts are paid, which are due to the seller from the buyer for any legal reason, either now or in the future, the seller shall retain ownership of the delivered goods (goods subject to reservation). The buyer may not dispose of the goods subject to reservation.
2. In the case of third party access – particularly bailiffs – to the goods subject to reservation, the buyer will refer to the property of the seller and notify it immediately.
3. In the event of the buyer acting contrary to the contract – particularly default in payment – the seller shall be entitled to take back the goods, subject to reservation at its own expense. The repossession or pledging of the goods subject to reservation by the seller – unless the Statute Covering Instalment Sales applies – does not constitute withdrawal from the contract.
Section 8 Payment
1. Sales personnel and technical personnel are not entitled to take payment in cash; exception are amounts up to €500.00 in cash with the issue of a cash payment receipt. In addition, payments with a discharging effect can only be made directly to the seller or a bank account or post office bank account specified by it.
2. The seller’s invoices are payable within 10 days of the invoice date less two percent early payment discount or within 30 days from the invoice date without deduction. The seller’s invoices for replacement parts of accessories, plus any transport services, are payable immediately without deduction.
3. The seller expressly reserves the right to refuse cheques or bills of exchange. These are only accepted as payment. Discount, cheque and exchange charges shall be borne by the buyer and are due immediately.
4. Despite contrary provisions of the buyer, the seller is entitled to initially offset payments against the latter's older debts and will inform the buyer of the type of offset that has occurred. If costs and interest have already resulted, the seller is entitled to initially offset the payment against the costs, then against the interest and finally the main claim.
Copyright © 2018 by HÜBNER Spielplatz-