{"id":538,"date":"2023-09-28T11:51:43","date_gmt":"2023-09-28T11:51:43","guid":{"rendered":"http:\/\/hermle.kreativision.net\/?page_id=538"},"modified":"2023-12-06T08:20:21","modified_gmt":"2023-12-06T08:20:21","slug":"agb","status":"publish","type":"page","link":"https:\/\/www.hermle-labortechnik.de\/en\/agb\/","title":{"rendered":"agb"},"content":{"rendered":"
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General Conditions of sale of HERMLE Labortechnik GmbH (\"HLT\")<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\u00a7 1 Scope of application<\/strong>
The present terms and conditions of sale apply for all current and future business\ntransactions of HLT with customers, not beeing consumers according to\nSec. 13 BGB (German Civil Code). They form a constituent part of HLT's quotations\nand a proviso for HLT's acceptance of offers from third parties. Any deviating\nagreements or terms and conditions on the part of customers are only accepted as\nbinding if expressly confirmed in text form by HLT.<\/p>

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\u00a7 2 Purchase Orders<\/strong>
(1) The Customer shall submit purchase orders to HLT in text form. A purchase\ncontract is established only when the order has been confirmed by HLT in text form.\nThe mutual rights regarding the individual purchase transactions and deliveries are\ngoverned only by the respective order confirmation from HLT and these General\nterms and conditions as well as the applicable laws. General terms and conditions\nof the Customer, if any, shall not become a contractual component hereof. Individual\nsubsidiary agreements are valid only if confirmed by HLT in text form.
(2) Orders are binding and cannot be unilaterally withdrawn by the Customer.\nHowever, any order not confirmed by HLT within two weeks according to paragraph\n(1) shall terminate upon notice in text form from the Customer.<\/p>

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\u00a7 3 Delivery<\/strong>
(1) Unless otherwise agreed for a particular order and confirmed in the order\nconfirmation (sec. 2 (1)), delivery shall be effected ex works (EXW) HLT on the basis\nof the INCOTERMS\u00ae in their applicable version as amended from time to time\n(currently INCOTERMS\u00ae 2010)
(2) If the loading or transportation or delivery of the goods is delayed for any reason\nfor which the Customer is responsible, then HLT shall be entitled to store the goods\nat its reasonable discretion at the expense and risk of the Customer, and to take all\nmeasures it deems suitable to preserve the goods, and invoice the goods as if\ndelivered. The same applies if the Customer does not request delivery of goods\nwithin a reasonable period of time after receiving notice from HLT that they are ready\nfor delivery. The statutory regulations on the default of acceptance shall remain\nunaffected.
(3) The goods are packaged as is usual in the trade. Packaging, means of\nprotection and transport equipment are not taken back. Packaging going beyond the\npurpose of transport or any other special protection, e.g. for a longer-term storing or\nwarehousing, requires a separate agreement.
(4) Upon handover of the goods to the carrier or forwarding agent, at the latest\nhowever when the goods leave the works, the risk passes to the Customer.<\/p>

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\u00a7 4 Inspection of Incoming Deliveries<\/strong>
(1) The Customer shall examine the goods without undue delay after receipt for\nconformity and completeness of the order, as well as for externally noticeable\ndamage and defects to the goods.
(2) The Customer shall provide notice of any loss and transport damage to the\nforwarding agent or carrier. If a loss of or damage to the transported goods is\nexternally noticeable, the notification must be made at the latest upon delivery,\notherwise in text form withinno later than 7 days off from delivery. The notification\nmust sufficiently clearly specify the damage. The Customer shall inform HLT about\nthe damage notice without undue delay in text form.
(3) In any case, the Customer must notify HLT in text form of any objections\nresulting from the examination according to paragraph (1) without undue delay,\notherwise the goods shall be deemed approved. Hidden defects of quality must be\ncomplained without undue delay after detection in text form.
(4) If, according to agreement, the delivery is made not to the Customer, but to a\nthird party named by it, the Customer shall impose the obligations under paragraphs\n(1) to (3) on such third party. The Customer remains obliged in addition to the third\nparty.<\/p>

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\u00a7 5 Terms of Payment<\/strong>
(1) Unless expressly otherwise agreed in the individual case and confirmed by HLT\nin the order confirmation (sec. 2 (1)), the Customer shall pay the purchase price in\nadvance (cash before delivery) within two weeks of notification of the readiness for\ndelivery by HLT. Instead of cash before delivery, the Customer may also pay by\nmeans of an irrevocable letter of credit (L\/C) of a bank with registered office within\nthe EU. The L\/C must be made payable at Deutsche Bank AG in Villingen-\nSchwenningen, Germany. The payment may only be subject to the presentation of\ntransport documents, insurance documents and trade invoices which show that the\ngoods were handed over to the carrier or forwarding agent with proper insurance at\nthe place of dispatch and under which the recipient is entitled to accept delivery of\nthe goods. All costs are at the expense of the Customer. HLT reserves the right to\nreject a L\/C in the case of any unclear, unusual or unrealisable terms or conditions.
(2) In the case of any failure to make payment, the Customer is charged with\ninterest in the amount of 8 percentage points above the respective base rate\naccording to Section 247 BGB (German Civil Code).
(3) If any subsequent circumstances occur which indicate a significant deterioration\nof the Customer\u2019s financial situation and an endangering of a claim for payment,\nHLT shall be entitled to accelerate maturity of the payment obligation \u2013 irrespective\nof the term of any bill of exchange or cheque accepted on account of payment.\nAdvance payment may be demanded for any still outstanding deliveries.
(4) The Customer may avert the acceleration of maturity and the advance payment\nobligation according to para. (3) by furnishing security in the amount of the\nendangered claims for payment. If the Customer within a reasonable time neither\neffects an advance payment nor furnishes an adequate security, HLT shall be\nentitled to withdraw from the corresponding transactions in which case the\nCustomer shall not be entitled to claim compensation.
(5) The statutory regulations concerning default in payment shall remain unaffected.
(6) In the event of default in payment based on a noticeable deterioration of the\nCustomer's assets, HLT shall also be entitled to withdraw without prior setting of a\ntime limit.<\/p>

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\u00a7 6 Retention of Title<\/strong>
(1) All delivered goods shall remain the property of HLT (\u201cConditional Goods\u201d) until\nsettlement of all receivables, in particular also the balance of receivables due to\nHLT against the Customer under the business relationship. The same shall apply\nto future and conditional claims. e.g. arising out of cheques and bills of exchange.\nHLT shall have authority to assign the payment claims.
(2) The Customer may only resell the Conditional Goods as part of its normal\nbusiness operation subject to its normal terms of business and for as long as it is\nnot in default, provided it reserves ownership, if legally possible and customary at\nit's place of business, and the receivables arising out of the resale transfer to HLT\nin accordance with paragraphs (3) and (4). It shall not have authority to dispose\notherwise of the Conditional Goods. Use of the Conditional Goods in order to fulfil\ncontracts for work shall also be deemed to be resale.
(3) The Customer\u2019s receivables arising out of resale of the Conditional Goods are\nhereby assigned to HLT. They shall serve for security purposes to the same extent\nas the Conditional Goods itselves.
(4) If the Conditional Goods are resold by the Customer together with other goods,\nthen HLT shall assign the receivables arising out of the resale in the ratio of the\ninvoice amount of the Conditional Goods to that of the other goods.
(5) The Customer shall have authority to collect receivables arising from the resale,\nunless HLT revokes the collection authority subject to the criteria set out in sec. 5\nparagraph (3) and (4). It shall be obliged at HLT's request to immediately inform its\ncustomers of the assignment to HLT, if HLT does not do so itself, and shall provide\nHLT with the information and documents required for collection purposes.\nThe Customer shall in no circumstances have authority to assign the receivables.
(6) If the Customer falls into arrears with payment and if this indicates that\nrealisation of a not inconsiderable proportion of the receivable may be in jeopardy,\nthen HLT shall have authority to prohibit resale of the Conditional Goods, to collect\nthe Conditional Goods and to enter the Customer's premises for this purpose if\nnecessary. Collection shall not equate to withdrawal from this contract.
(7) The Customer must immediately inform HLT of any attachment or other\nimpairment of the Conditional Goods by third parties.
(8) If the value of the existing collateral exceeds the secured claims by more than\n10% in total, then HLT shall be obliged to release collateral to this extent at the\nCustomer\u2019s request; HLT shall be permitted to make the selection.
9) Inasmuch as special measures are required for validity of the reservation of\nownership according to the law of the country in which the Customer is domiciled,\nthen the Customer hereby undertakes to co-operate with such measures.\nIt specifically hereby gives its approval to the registration of all reservations of\nownership arising out of the business relationship with HLT in the relevant register\nof reservations of ownership (e.g. in Switzerland).<\/p>

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\u00a7 7 Liability for Defects of Quality<\/strong>
(1) Defect claims shall only be permitted if notices of defects are declared\nimmediately; notice of hidden defects of quality must be declared as soon as such\ndefects are discovered. In the event of complaints, the Customer must immediately\ngive HLT the opportunity to examine the goods. The goods which are the subject of\ncomplaint must be made available on request at HLT\u2019s expense. In the event of\nunjustified complaints, HLT reserves the right to charge the Customer the freight and\ntransshipment costs and the examination expense.
(2) In the event of the existence of a defect of quality, HLT may choose, with\nconsideration to the Customer\u2019s interests, to provide subsequent performance either\nthrough replacement, delivery or through repair. If subsequent performance is not\nsuccessfully undertaken within a reasonable period, then the Customer may set a\nreasonable period for subsequent performance, at the end of which it may, if it has been unsuccessful, either reduce the purchase price or else withdraw from the\nContract; unless indicated otherwise in sec. 8, no further claims shall be permitted.
(3) The period of limitation in the event of defective delivery shall end, except in the\nevent of fraudulent concealment of a defect, at the end of one year following delivery.\nRepair or replacement delivery shall not cause the period of limitation to\nrecommence.
(4) Recourse claims of the Customer according to Sec. 478 BGB against HLT shall\nbe restricted to the statutory scope of the defect claims of third parties made against the Customer, and shall presuppose that the Customer has complied with\nits duty to serve a notice of defect on HLT in accordance with Section 377 HGB\n[German Commercial Code] and Art. 39 CISG.<\/p>

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\u00a7 8 General Limitations of Liability<\/strong>
(1) Unless determined otherwise in this contract, HLT shall be liable for damages for\nbreach of contractual or non-contractual obligations or during contract initiation only\nin the event of intent or gross negligence on the part of its legal representatives or\nagents for whom it is vicariously liable and in the event of culpable breach of\nfundamental contractual obligations. In the event of culpable breach of fundamental\ncontractual obligations, HLT shall be liable, except in the event of intent or gross\nnegligence by the legal representatives or agents for whom it is vicariously liable,\nonly for predictable losses which are typical in relation to the contract.
(2) The foregoing limitations of liability do not apply in the case of injury of life, body\nand health of human beings.
3) Any claims according to the German Product Liability Law for personal injuries or\ndamage to privately used objects shall remain unaffected.<\/p>

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\u00a7 9 Choice of Law, Place of Jurisdiction<\/strong>
(1) This Contract is subject to the laws of the Federal Republic of Germany. The\nregulations of the United Nations Convention on Contracts for the International Sale\nof Goods (CISG) and of the INCOTERMS\u00ae in the respective applicable version shall\napply, to the extent that they are not in conflict with the provisions of the present\ncontract.<\/p>

(2) Exclusive place of jurisdiction for all disputes arising out or in connection with\nthis contract including as to its validity shall be Wehingen, Germany.<\/p>

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\u00a7 10 Final Provisions, Interpretation<\/strong>
(1) Amendments, supplements or the cancellation of the contract shall only be valid\nprovided they are set out in text form. This requirement may only be varied by\nagreement in text form.
(2) In case of any disputes, the German language version of these General terms\nand conditions shall solely govern.
(3) Should individual provisions of these General conditions of Sale be invalid, the\nvalidity of the remaining provisions shall not be affected thereby. In lieu of the invalid\nprovision, or to fill a gap, a reasonable provision shall be agreed which in avoidance\nof the reason of the invalidity comes closest to the intentions of the Parties or to\nwhat the Parties would have intended according to the spirit and purpose of the\nContract, had they considered the point. If the invalidity is based on any provision as\nto performance or time, it shall be replaced by what is legally permissible.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Allgemeine Verkaufsbedingungen der HERMLE Labortechnik GmbH („HLT“) \u00a7 1 GeltungsbereichDiese Verkaufsbedingungen gelten f\u00fcr alle gegenw\u00e4rtigen und zuk\u00fcnftigen Gesch\u00e4fte von HLT mit Kunden, die nicht Verbraucher gem\u00e4\u00df \u00a7 13 BGB sind. Sie sind Bestandteil aller Vertragsangebote von HLT und Bedingung f\u00fcr die Annahme von Vertragsangeboten durch HLT. Abweichende Vereinbarungen und Gesch\u00e4ftsbedingungen der Kunden sind nur verbindlich,… Continue reading agb<\/span><\/a><\/p>","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"footnotes":""},"class_list":["post-538","page","type-page","status-publish","hentry","entry"],"_links":{"self":[{"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/pages\/538","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/comments?post=538"}],"version-history":[{"count":12,"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/pages\/538\/revisions"}],"predecessor-version":[{"id":1645,"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/pages\/538\/revisions\/1645"}],"wp:attachment":[{"href":"https:\/\/www.hermle-labortechnik.de\/en\/wp-json\/wp\/v2\/media?parent=538"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}