General Terms and Conditions
§ 1 Scope of application
By accepting our offer, the terms and conditions of sale of HADI GmbH Industrievertretungen apply exclusively. By accepting, you confirm that you are acting commercially. If the contract is concluded via the online store, no offer is made and the terms and conditions of HADI GmbH Industrievertretungen apply upon conclusion of the contract.
Deviating contractual and business conditions of the buyer are not valid. The terms and conditions of sale shall also apply to all future contracts, even if they are not expressly agreed again. Recognition of the buyer's contractual and business conditions requires the express written consent of HADI GmbH Industrievertretungen.
§ 2 Conclusion of contract
The Buyer's order is a binding offer.
We are free to accept this offer within two weeks by sending an order confirmation based on our terms and conditions of sale or to dispatch the ordered goods within this period.
Agreements deviating from our terms and conditions must be confirmed in writing on the order confirmation in order to be valid. Otherwise, the buyer must object to our order confirmation within two working days.
§ 3 Terms of payment
Unless otherwise agreed in the order confirmation, our prices are net "ex works" (EXW) plus the applicable VAT and the costs of transport and handling.
Invoices are due for payment within ten days of the invoice date without deduction.
For online shop customers, the payment methods invoice, prepayment and Paypal are available. The payment methods offered may vary after verification of personal data.
If the buyer is in default of payment, we are entitled to claim default interest of 6% above the base interest rate in accordance with § 1 of the Discount Rate Transition Act. We reserve the right to claim higher damages caused by default. In the case of contracts with an agreed delivery period of more than four months, we are entitled to adjust the prices in accordance with cost increases that have occurred in the meantime due to a general wage increase or due to increases in the price of materials. If the resulting increase is more than 5% of the agreed price, the customer has the right to cancel the contract. The cancellation must be made in writing within ten days of notification of the price adjustment. The timeliness of the cancellation shall be determined by the date of receipt by the seller.
Offsetting by the purchaser against our claims is only permissible if the counterclaims have been legally established or recognised by us.
§ 4 Retention of title
We shall retain title to the delivery item until our claims arising from the entire business relationship have been settled in full.
The purchaser is obliged to notify us immediately of any seizure or other intervention by third parties in the purchased item.
Any processing or remodelling of the delivery item by the purchaser shall always be carried out on our behalf. If the delivery item is processed or mixed with other items not belonging to us, we shall acquire co-ownership of the new item in the ratio of the value of the delivery item to the other processed or mixed items at the time of processing or mixing. If the buyer's item is to be regarded as the main item after processing or mixing, the buyer shall transfer co-ownership of the new item to us on a pro rata basis.
The purchaser is authorised to resell the purchased item subject to retention of title in the ordinary course of business.
The purchaser hereby assigns to us the claim resulting from the resale against the purchaser of the purchased item subject to retention of title. We undertake to release the securities to which we are entitled at the request of the purchaser to the extent that the value of the securities exceeds the claims to be secured by more than 20 %, and not only in the short term.
§ 5 Delivery time
Specified delivery times are non-binding. The delivery period begins with the dispatch of the order confirmation, but not before the provision of any documents, authorisations, approvals to be procured by the purchaser and not before receipt of an agreed down payment.
The delivery period shall be deemed to have been met if readiness for dispatch has been notified or the delivery item has left the factory by the time it expires. The delivery period shall be extended in the event of industrial disputes, in particular strikes and lock-outs, as well as in the event of unforeseen events beyond our control, e.g. operational disruptions, delays in the delivery of essential materials, insofar as such obstacles can be proven to have a significant influence on the delivery of the delivery item. This shall also apply if the circumstances occur in the event of under-delivery.
The delivery period shall be extended in accordance with the duration of such measures and hindrances. Partial deliveries are permissible within the delivery periods specified by us, insofar as this does not result in disadvantages for use. If a binding delivery time has been agreed and we are in default of delivery, claims for damages shall only exist if the delay is due to intent or gross negligence.
§ 6 Cancellation costs
If the buyer cancels a placed order without justification, we can demand 15% of the sales price for the costs incurred in processing the order and for loss of profit, without prejudice to the possibility of claiming higher damages. The buyer reserves the right to provide evidence of lower damages.
§ 7 Packaging, dispatch and minimum quantity surcharge
Packaging shall become the property of the purchaser. Postage and packaging costs will be charged by us. The choice of dispatch method shall be made at our best judgement. Shipping costs are not included in the price, but are based on the separate information on shipping costs listed in connection with the items.
The shipping costs via the online shop within Germany for standard shipping (delivery within 2 to 3 working days) are EUR 9.80 plus VAT. From an online order value of EUR 500.00 (net excl. shipping costs) we deliver free of shipping costs.
The minimum order value for orders in our shop is €35. For small orders below the minimum order value, we charge a minimum quantity surcharge in the amount of the difference to the minimum order value.
§ 8 Acceptance and transfer of risk
The buyer is obliged to accept the delivery item. Unless otherwise agreed, delivery shall be ex works. The Buyer is entitled to inspect the delivery item at the place of delivery within five days of receipt of the notification of readiness or other notification of completion. The buyer is obliged to accept the delivery item within the same period, unless he is temporarily prevented from accepting through no fault of his own.
If the buyer is in arrears with the acceptance of the object of purchase for more than five days from receipt of the notification of readiness or other notification due to wilful intent or gross negligence, we shall be entitled to withdraw from the contract after setting a grace period of a further five days and to claim damages for non-performance.
It is not necessary to set a grace period if the buyer seriously or finally refuses acceptance or is obviously unable to pay the purchase price even within this period. The risk is transferred to the buyer upon acceptance of the delivery item. If the buyer declares that he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the delivery item shall pass to the buyer at the time of refusal.
§ 9 Warranty
The buyer is obliged to inspect the delivery item for any defects immediately upon receipt. Any claim must be notified immediately in writing.
If there is a defect in the delivery item, we are entitled to choose whether to rectify the defect or supply a replacement.
In the event of rectification of a defect, we shall be obliged to bear all expenses required for this purpose, such as transport, travelling and material costs, insofar as the costs are not increased by the fact that the purchased item has been taken to a place other than the place of performance. The contract may only be cancelled or the purchase price reduced if the attempt to remedy the defect fails or if we are unwilling or unable to remedy the defect or supply a replacement within a reasonable period of time.
Any claim exceeding the amount of the sales price is excluded.
Any further claims of the buyer, in particular claims for damages for loss of production, loss of profit or any other indirectly occurring loss are excluded.
A warranty is excluded if the delivery item has been modified by the buyer without our written authorisation, if the damage has occurred due to lack of maintenance, if the application specifications in our technical documentation have not been complied with.
Normal wear and tear are excluded from the warranty in all cases. The warranty period between registered traders is 12 months from handover of the delivery item.
§ 10 Liability in tort
Claims for damages in tort are excluded unless the damage was caused intentionally or by gross negligence. This also applies to the actions of our vicarious agents.
§ 11 Place of fulfilment
The place of fulfilment is the seller's place of business. The place of jurisdiction for commercial transactions shall be our registered office.
German law shall apply exclusively to all contracts concluded with us, excluding the laws on the international purchase of movable goods, even if the buyer has his registered office abroad.
§ 12 Miscellaneous
The transfer of rights and obligations of the Buyer arising from the contract concluded with us shall require our written consent in order to be effective. Should any provision of these General Terms and Conditions be invalid, this provision shall be governed by general German law. The validity of the other provisions shall remain unaffected by this.
Status (07/2021)