Page 521 - HAZET哈蔡特2024英文样本

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General terms and conditions of sale, delivery and payment

II. Special Conditions for Goods on Recall
1. For business with continuous deliveries HAZET must receive release orders and type 11. A precondition for the above claims of the Purchaser against HAZET is that
categories for roughly the same amount per month. If the release orders or type cate- a) the Purchaser shall inform HAZET immediately in writing if claims are asserted
gories are not given on time, HAZET is entitled, after the deadline has expired without
any result, to categorise and deliver the goods itself, or to rescind from the outstan- against the Purchaser in relation to the supplied goods on account of the violation
ding part of the transaction and demand compensation instead of payment. of property rights of third parties,
b) the Purchaser grants HAZET control of the legal defence and acts in the context of
III. Force Majeure and Other Delivery Conditions the legal defence and/or in settlement negotiations only and always in agreement
1. Force majeure events, such as strike, lockout, mobilization, war, blockade, pandemic with HAZET and
or epidemic, export and import bans, raw material and fuel shortages, fire and other
circumstances which are not the fault of HAZET and which significantly impede the c) the alleged infringement is exclusively attributable to the goods supplied by HAZET
delivery or performance by HAZET, shall entitle HAZET to postpone the delivery for without connection or use with other products.
the duration of the obstacle and an appropriate start-up time. This applies irrespective
of whether the above-mentioned circumstances occur at HAZET, the preliminary sup- VI. Guarantee
plier or one of the subcontractors. 1. Irrespective of the material defect claims to which the Purchaser might be entitled
2. The Purchaser can demand an explanation from HAZET as to whether delivery will according to B. V., HAZET grants a full guarantee on all tools in case of material and
take place within an appropriate period or whether a rescission from the contract production faults. All adapters are excluded from the full guarantee. The full guarantee
should be considered. If HAZET does not make a declaration within an appropriate on sockets for impact operation is limited to material defects and/or faulty workmans-
deadline, the Purchaser can itself rescind from the as yet unfulfilled part of the deli-
very. hip. The guarantee does not cover the tools or consumables for normal wear and/or
3. The declaration made by the preliminary supplier or the sub-contractor to HAZET tear damage. The full guarantee will not be valid for tools which cannot be used any
regarding circumstances which have occurred at their premises pursuant to B.III. 1. more due to their old age or due to abuse or improper use. The relevant operating ins-
are deemed as sufficient proof that HAZET is not responsible for the hindrance of the tructions and safety instructions for the HAZET tools shall be considered in this con-
delivery. text. The general safety instructions as well as the data in the HAZET tool catalogue
shall also be considered. An improper use of tools occurs especially in case:
IV. Dispatch and Passing of Risk
1. The forwarding agent or freight carrier shall be determined by HAZET. In the absence • an exceeding of the normal or specified loading capacity of the tool (for instance
of any special agreement, the choice of route and means of transport is entrusted to when using a diagonal cutter on a wire that is too hard or in case of chisels, centre
HAZET, excluding any liability. punches or drift punches that are used on steel that is too hard or for work that is too
2. Release orders must be given without undue delay for goods which have been noti- heavy).
fied as ready for dispatch on the agreed date. HAZET is otherwise entitled to store • the further use of a tool that already shows damage or defects.
them as it sees fit at the Purchaser’s expense and risk, and invoice them as delivered • the operation of screws and nuts with a wrong-sized socket.
ex works or warehouse. The means of transport must be unloaded immediately if the
delivery is made with carriage paid. The costs for any periods of delay shall always be • tools that have been modified.
borne by the Purchaser. • the use of sockets designated for manual operation on impact wrenches.
3. Unless otherwise agreed, the delivery shall be made „ex works“. The risk shall in any • the improper use of tools (e.g. use of screwdrivers as chisels or pry bars etc.).
case – including a confiscation – pass to the Purchaser when the goods are handed
over to the forwarding agent or freight carrier or at the latest when the goods leave the 2. In order to make use of the guarantee right, the Purchaser shall send the tool carriage
plant or warehouse – e.g. even if the delivery is made with carriage paid. free domicile via specialist trade to HAZET in the event of a material or manufacturing
4. Premature deliveries which the Purchaser can be reasonably expected to accept and defect. HAZET shall check the tool. If a material or manufacturing defect is present,
excess or short deliveries which are customary in the trade are permitted. HAZET shall replace the goods or repair the goods free of charge.
5. The requested amount does not have to be reached or may be exceeded by up to
10% for custom-made products. Also considered as custom-made products are VII. Liability
mass-produced articles which the Purchaser explicitly wishes to have a special desi- 1. On account of violation of contractual and non-contractual obligations, in particular on
gnation. The Purchaser is not entitled to a right of withdrawal. The goods cannot be account of impossibility, delay, fault upon contract initiation and unauthorised hand-
returned to HAZET. ling, HAZET shall only be liable on cases of wilful intent and gross negligence. In case
of gross negligence, HAZET‘s liability is limited to the contract-typical damage fore-
V. Defects and Warranty
1. If the delivered goods exhibit a material defect, HAZET is first entitled to reworking or seeable upon conclusion of contract.
replacement delivery with a reasonable period as chosen by HAZET. 2. The limitations of liability from B. VII. 1. do not apply in case of culpable violation of
2. The buyer shall examine the received goods immediately after delivery. Claims for essential contractual obligations, insofar as the attainment of the contractual purpose
defects only arise if defects are complained about immediately, but no later than in is jeopardised, in case of culpably caused damage to life, body and health and also
7 days in text form; concealed defects must be notified in text form immediately after then if and to the extent that HAZET has assumed the guarantee for the nature of the
their discovery. Furthermore, the Purchaser shall immediately notify the responsible sold item, as well as in cases of mandatory liability according to the Product Liability
shipping agent, transport/freight company or post office, as well as HAZET, of any
transport damage and obvious defects. Act. Essential contractual obligations are those, which actually enable the proper exe-
3. If an acceptance of the goods or an initial sample inspection has been agreed, the cution of the contract and upon whose compliance the Purchaser may regularly rely. A
buyer is obliged to immediate acceptance or initial sample inspection. An initial reversal of the burden of proof to the Purchaser’s disadvantage is not associated with
sample inspection does not exonerate the buyer from an incoming goods inspec- the above regulations.
tion of the series parts. Complaint about defects, which the Purchaser could have 3. Insofar as the liability of HAZET is excluded or limited, this also applies for the per-
discerned upon immediate initial sample inspection, is excluded from the delivery of sonal liability of the employees, workers, personnel, legal representatives and vicari-
series parts. ous agents of HAZET.
4. HAZET shall be given the opportunity to determine the defects receiving complaint. 4. Insofar as the Purchaser is legally obliged, on account of an error caused by HAZET
Goods that have received complaint shall be sent back to HAZET immediately on
demand; HAZET shall assume the transport costs if the defect complaint is justified. If in the goods produced and supplied by HAZET, to implement a recall action and inso-
the Purchaser does not fulfil these obligations or makes changes to goods that have far as HAZET itself would therefore be liable in the external relationship, HAZET shall
already received complaint without the consent of HAZET, he shall lose any material bear the costs associated with the recall action only to the extent that the measures
defect claims. and costs are reasonable and necessary, no milder equally effective means of risk
5. HAZET has equally little responsibility for defects, which arise due to unsuitable or aversion are available and insofar as these were coordinated with HAZET before any
improper use, defective assembly or commissioning by the Purchaser or third parties, costs are incurred. HAZET‘s objection to the contributory negligence remains unaffec-
normal wear, erroneous or negligent handling, as for the consequences of improper
changes or repair work performed by the Purchaser or third parties without HAZET‘s ted.
consent. 5. Unless otherwise agreed, contractual claims, which arise for the Purchaser against
6. Statutory recourse claims by the Purchaser against HAZET only exist as far as the HAZET on the occasion of and in conjunction with the delivery of the goods, shall
Purchaser has not come to any understanding with its customer which exceeds the come under the statute of limitations one year after delivery of the goods. This does
statutory claims due to liability for defects. not apply, insofar as §§ 438 Para. 1 No. 2, 478, 479 or § 634 a Para. 1 No. 2 of the
7. The reimbursement pursuant to B.V.6. above is limited to the cost price (e.g. transport BGB stipulates longer periods as well as in cases of injury to life, body or health, in
and material costs) incurred by the Purchaser but not its profit margin towards the case of a deliberate or grossly negligent breach of duty by us or in case of fraudul-
customer. ent concealment of a defect. The limitation period shall not recommence in cases of
8. Further claims by the Purchaser due to material defects, which are asserted against
HAZET and its vicarious agents, are excluded subject to the regulation in B.VI. of defective supplementary performance. The statutory regulations concerning the bur-
these Terms and Conditions. den of proof remain unaffected.
9. HAZET vouches that the goods supplied by HAZET are free of commercial property
rights and/or copyrights of third parties. HAZET is obliged to exonerate the Purcha- C. Final Provisions
ser from claims within the framework of the statutory regulations, which third parties 1. The place of fulfillment and exclusive court of venue for all disputes directly or indirec-
assert on account of the violation of commercial property rights and/or copyrights to tly resulting from this contractual relationship is Remscheid.
which they are entitled in the Federal Republic of Germany. A precondition for the
exoneration is that the claims of third parties have either been recognised by HAZET 2. The legal relationship between HAZET and the Purchaser is exclusively subject to the
or determined judicially with legal effect. law of the Federal Republic of Germany excluding the United Nations Convention on
10. The Purchaser shall enable HAZET to participate at its own expense in the legal Contracts for the International Sale of Goods (CISG) dated April 11, 1980.
defence against such claims of third parties, in particular by what is referred to as a 3. Should any one of the clauses in these Terms and Conditions be or become invalid
third-party intervention in the sense of civil procedure. The Purchaser shall support either in part or in full, the validity of the rest and/or the other provisions shall not be
HAZET in the preparation and execution of the legal defence or settlement negotiation affected.
to a reasonable extent. HAZET shall reimburse the Purchaser all necessary expenses
in conjunction with the legal defence against this utilisation, whereby legal fees are
reimbursed on the basis of the Law on the Remuneration of Lawyers („RVG“). Remscheid, September 2020
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