Terms and Conditions
§ 1 – Validity of Terms and Conditions
Offers, tenders, services and deliveries by Herbst Maschinenfabrik GmbH (‘the Company’) are exclusively subject to these terms and conditions. Contrary terms and conditions of the customer which contradict those of the Company are hereby deemed invalid and will be rejected.
All agreements shall be governed by and construed in accordance with German Law.
German Law shall apply. The UN Convention on the International Sale of Goods (CISG) shall not apply.
§ 2 – General Conditions
The scope of deliveries and services is always based on and is a result of written agreements.
Quotes, estimates, corresponding drawings etc. are not permitted to be disclosed and/or made available to third parties without the Company’s written consent.
Part deliveries are permitted.
If the Company requests the buyer to undertake an acceptance test following production of the goods and prior to delivery, this must take place within 2 weeks, otherwise acceptance testing and/or commisioning will be deemed successfully completed
§ 3 – Offers and contract completion
Ancillary agreements, amendments, supplements and/or other deviations from the Company’s terms and conditions, as set out, are only valid upon receipt of the Company’s approval in writing. Specifications and data in offers and/or confirmation of order of the Company, resulting from typing and/or calculation errors are not binding for the Company. The intended declaration applies.
Documents of offers, drawings, specifications, samples and cost estimates from the Company must not be disclosed, published, duplicated or reproduced, or otherwise made available to third parties without the written approval and/or consent of the Company. Documents and records of any kind are to be returned to the company upon request and without retaining a copy or copies.
§ 4 – Prices, price amendments and payment terms
All prices are subject to the current statuatory rate of VAT, which will be displayed separately.
All prices are understood to be exclusive of packing, delivery, assembling and commissioning.
Payments are due within 10 days of invoice date, payable without deductions, unless stated and/or otherwise agreed.
In the event of delayed payment, the Company reserves the right to charge interest (to be agreed on an individual basis) above the base rate of the European Central Bank.
§ 5 – Terms of delivery
Delivery terms are subject to correct and timely supply of materials to the Company, unless a specific and/or fixed time of delivery is agreed.
§ 6 – Delivery and risk transfer
The risk is transferred to the buyer/customer as soon as the consignment is made available to the buyer’s/customer’s transport company at the premises of the Company, or any other nominated facility, if so agreed by the Company and the customer. If the collection is delayed, or is not excecuted by the buyer, due to circumstances beyond the Company’s control, the risk shall pass on to the buyer/customer from the day the buyer was notified of the availability of the goods.
Deliveries can be insured in the name of and at the cost of the buyer upon request by the buyer.
§ 7 – Claims and defects
In the event of any claim and/or service deficiency against the Company, the Company may replace the parts in question at their descretion and/or undertake repairs.
Multiple rework – ordinarily two reworks are admissable within a pertinent timeframe
All admissable claims against the company expire within 12 months from the date the risk was transferred to the buyer, unless legally stated otherwise. If the buyer is a contractor in accordance with § 14 BGB, subparagraph 3 is applicable.
Minor, reasonable deviations in measurements and completion – especially in cases of replenishment orders – do not warrant a claim, unless strict compliance was explicitly agreed.
Technical improvements, as well as necessary technical amendments undertaken by the Company, are part of the contract, unless the suitability for use is impaired.
If operating and maintenance instructions are not adhered to, amendments to the product carried out, parts exchanged, or consumable materials are being used which do not comply with the original specifications, any warranty is forfeited.
§ 8 – Retention of title
The delivery is subject to retention of title in accordance with Art. Section 455 BGB. The ownership of the goods shall remain with the company until full and final payment for the goods has been received by the Company.
The buyer may process the goods only in the ordinary course of business and/or dispose of the goods only under an agreement, that the title of retention is extended.
The company is fully entitled to confiscate and/or remove the goods from the buyers premises or any other location, at any time, if the buyer is in default of part or full payment of the goods.
§ 9 – Warranty and liability limitation and exclusion
Warranty claims shall be exerted immediately, but by latest within two weeks following receipt of the goods, in writing and by describing the defects in detail.
The Company shall be granted a reasonable time and opportunity to remedy any defects.
If granting a reasonable time and opportunity is, for whatever reason, denied by the buyer, the Company shall be released of all subsequent liabilities and/or warranty obligations.
Wear parts are not subject to warranty.
The Company cannot accept procedural guarantees on principle. Alterations to the machine configuration, carried out at the customer’s request, are therefore completed at the risk and expense of the customer.
The Company’s liability is limited to 50% of the contract price, irrespective of the rule of law. The Company does not accept liability for consequential losses, e.g. loss of profit and/or production, in any event.
§ 10 – Applicable Law, Place of jurisdiction, partial invalidity
Place of fulfillment and jurisdiction for any direct or indirect dispute arising from the contract is the registered office of the Company.
Should a provision of the terms and conditions derogate from mandatory law or be invalid, this should not be deemed to cause the entire terms and conditions to be void.
All agreements shall be governed by and construed in accordance with German Law. The UN Convention on the International Sale of Goods (CISG) shall not apply.