Acknowledgement of the Terms and Conditions
All quotes, agreements, shipments, services and sales shall be based exclusively on these general terms and conditions. These terms shall also apply to all future business relations, even if not explicitly and separately stipulated. The present terms and conditions are deemed to have been accepted on receipt of the goods at the latest. Purchasing conditions and a client's counter-confirmation that are contradictory to these terms and conditions are not binding on Haberstock Mobility, even if we may not have expressly objected to them.
No variation to these terms and conditions shall be binding, unless Haberstock Mobility GmbH has expressly agreed to them in writing.
All proposals and prices are subject to change and are non-binding. We shall reserve the right to sell the goods to other parties. All prices are quoted in EURO on an ex works basis, without VAT. Sales tax, packaging, freight, postal charges and insurance are not included. The calculation is based on the prices valid on the day of delivery. Texts and illustrations in catalogues, price lists or documents that are part of the proposal shall be deemed merely approximate and are subject to change in terms of construction. No liability is accepted for printing errors or mistakes. The customer shall bear any risk arising from transmission errors during the tendering or ordering process. We reserve the right to supply items that can be used for the same application, if the item ordered by the customer is not available from stock.
Conclusion of contract
Any agreement shall not be legally effective unless confirmed by Haberstock Mobility GmbH in writing. The same applies to additions, alterations and ancillary agreements. Samples are in principle supplied against an invoice
Prices and conditions of payment
All prices are quoted in EURO on an ex-works basis, without VAT and do not include packing, carriage and postal or insurance charges. We shall be entitled to correct calculation mistakes. If not stated otherwise, the prices and discounts stated in our price lists and quotes are binding upon Haberstock Mobility GmbH for at least 30 days after the date of delivery. In the event of major changes to specific cost factors, in particular governing wages, raw materials or freight charges, the agreed price may be adjusted within a reasonable scope to reflect the influence of those cost factors. Unless net/net prices are explicitly agreed upon or the buyer insists on cash payment, invoices are due within 30 days after the date of invoice and payable net cash. For payment within 10 days we grant a 2% discount on the net amount for the goods. Cash discounts can only be granted when all due accounts are balanced by the debtor at the time of deducting the cash discount. Deliveries to customers abroad, to new and private customers shall be effected against advance payment or cash payment if there is any uncertainty regarding the purchaser's solvency.
In the event of late payment, even if an extension of payment has been granted, and subject to further claims, the prevailing base interest rate, i.e. an interest rate of at least 2% above the relevant discount rate of the German Bundesbank, will be charged without a notice of default being required. Any retention of payments or set-off of payments in the case of counter-claims recognised by us shall not be admissible. Non-compliance with the agreed payment conditions and circumstances that become known to Haberstock Mobility GmbH after the conclusion of the contract and lead us to fear that the ordering party will be unable to pay in time, entitle Haberstock Mobility GmbH to request a security payment for all the claims from the delivery contract, regardless of the due date, and to suspend work until the security has been paid. We remain the owners of our total deliveries until we have received full and final payment of the total amount (including sales tax and shipping costs) for the goods concerned.
Delivery and time of delivery
Delivery timescales are considered as approximately agreed, unless a fixed date for delivery has been confirmed. Partial deliveries are permitted to a reasonable extent.
Deliveries ordered on call must be accepted within 12 months of the confirmation of an order. The delivery time is extended appropriately in case of unforeseen events which Haberstock Mobility GmbH, despite taking precautions reasonable for the circumstances in the specific case, is unable to prevent – this also applies to sub-contractors – insofar as they play an important role in terms of completion or delivery of the delivery item. This particularly includes official orders, disruptions of operation, strikes, delays in the delivery of raw materials and auxiliary supplies as well as the rejection of a work piece. Should such aforementioned events render delivery or provision of the service impossible, Haberstock Mobility GmbH shall be released from his delivery obligation without the customer being entitled to claim for compensation. If the delay lasts longer than 3 months, the customer is entitled to withdraw from the contract. Haberstock Mobility GmbH is obligated to inform the customer of the beginning and end of such obstacles as described above as soon as possible. If the delivery is delayed, the customer has to grant Haberstock Mobility GmbH a reasonable grace period for delivery.
The dispatch is effected ex-works insofar as no specific agreements are made. The dispatch is carried out at the risk and expense of the customer. The choice of transport, i.e. by postal or parcel services, shipper or freight forwarder, is made at our discretion, however without commitment to the cheapest method of dispatch, unless otherwise instructed. The risk shall pass to the ordering party as soon as we have delivered the goods to the carrier or the goods have been loaded onto the customer's vehicle. This also applies to carriage-free deliveries. Haberstock Mobility GmbH shall be entitled, but not obliged, to insure deliveries on behalf and at the expense of the customer. In the event of transport damage, the customer must immediately obtain a written damage report from the competent body and must notify Haberstock Mobility GmbH accordingly. The receipt of the goods must be confirmed to the respective forwarding agent.
If delivered items exhibit obvious material or manufacturing defects, including transport damage, wrong delivery or short delivery, the supplier needs to be informed immediately (at least one week after delivery of the item) in writing of the deficiency, pursuant to Section 377 of the German Commercial Code (HGB). In the case of recourse by the contractor (within the legal framework) the original sales document related to the resale must be presented for the processing of claims. The fitting of parts and components requires the knowledge, expertise and care of a skilled mechanic. Packaging and dispatch as well as the costs of fitting and removal are borne by the customer. All claims for damages or compensation for the loss of income are always excluded. In case of any justified claims, the customer may obtain a free replacement or a full or partial refund for the goods at the discretion of Haberstock. The customer's warranty claims will expire if the customer makes changes or carries out repairs to the objected goods. The warranty for defects does not cover normal wear and tear, nor damages that result from inappropriate or negligent handling and excessive strain.
It is generally not possible to return sold and non-defective goods. In individual cases, returns shall be accepted by us after prior written agreement. However, it is important that the returned product is both complete and unused and in its original and undamaged packaging. The re-shipment of the goods or parts shall be at the customer's expense and risk. For returns, we reserve the right to charge a handling fee of at least 15% of the invoiced amount.
Place of jurisdiction
Place of performance for all obligations of both contracting parties shall be Lauchringen. Place of jurisdiction for all disputes resulting from the contractual relationship is Waldshut-Tiengen. The contractual relationship is subject to the German law, with the exclusion of laws concerning the international purchase of movable property. The terms of business and the complete legal relations between Haberstock Mobility GmbH and the customer shall be exclusively governed by the German law. The language of negotiation and of the contract is German.
In the event that any one provision of these terms and conditions or a provision within the framework of other agreements is or becomes invalid, the validity of all other provisions of these terms and conditions or other agreements shall remain unaffected. The contractual parties undertake to replace the invalid provision by a provision that comes as close as possible to the economic purpose of the invalid provision.
Right of revocation
You may withdraw from the contract in writing (by letter, fax, email) or by returning the goods, without having to justify the revocation, within 14 days after receipt of the goods. The revocation period shall begin when this advice has been received in writing, but not prior to the receipt of the goods and not prior to the fulfilment of the duty of information in accordance with Section 312c of the German Civil Code [BGB] in conjunction with Section 1 Para 1, 4 BGB-InfoV and the duty of information in accordance with Section 312e Section 1 Sentence 1 BGB in conjunction with Section 3 BGB-InfoV. The timely dispatch of the revocation or the goods shall be deemed sufficient for compliance with the revocation period. The revocation must be sent to:
Haberstock Mobility GmbH
Kadelburger Strasse 11
In the event of an effective revocation, the mutually received benefits are to be returned and, if necessary, any profit drawn (e.g. interest) surrendered. As a consumer, you are obligated, in case of revocation, to replace the item deteriorated by use if you were informed thereof in writing when concluding the contract.
This does not apply if the deterioration is attributed to the inspection of the item, as would have been possible, for example, in a retail shop. The obligation to pay compensation for goods that have deteriorated in spite of correct handling can be avoided altogether by not using the item as your property and refraining from anything that could reduce its value. Payments are to be refunded within 30 days. The term begins with the sending of the revocation declaration or return shipment of the item and for the dealer with receipt of the returned items. Items that can be packaged can be sent back. Non-packagable items will be picked up. You bear the costs for return shipment of the goods if the price of the returned item does not exceed EUR 40 and this was contractually agreed upon, unless the delivered item does not correspond to the ordered item. Then, the return shipment is free of charge. For items that cannot be shipped packaged, the return shipment (and/or pickup) is per agreement with us. This does not affect your rights. The right of revocation does not exist for the delivery of goods that were manufactured according to customer specification or that were clearly customized to the personal needs of the consumer (§ 312d Paragraph 4 Item 1 BGB [German Federal Gazette]).
Mistakes and input errors are reserved.
Lauchringen, Juli 2015
Haberstock Mobility GmbH