General terms and conditions of business

1. General
We assume that your customers are legal persons in the sense of § 310 Paragraph 1 of the German Civil Code (BGB) - (merchants, legal persons under public law or special funds under public law), or that they wish to be treated as such. In these terms and conditions we have limited ourselves to the points which are most important for us and for you. Our deliveries, performance and offers are made solely on the basis of these terms and conditions of business. These therefore apply for all future business relationships, even if this is not again expressly agreed. Statements to the contrary on the part of the purchaser referring to his own terms of business or purchasing conditions are hereby disallowed.

2. Offers
Our offers are made without obligation. Our written confirmation of order is the binding confirmation that a contract has been entered into and that the specified scope of performance has been agreed between the parties. Drawings, illustrations, dimensions, weights or other similar items in particular are only binding if expressly agreed to be so in writing. All further agreements, including those made by word of mouth, are only valid when confirmed in writing.

3. Prices
Unless stated to the contrary, the prices contained in our offers are valid for 30 days from the date of the offer. Price changes during the validity of the catalogue due to drastic increases in the cost of the merchandise sold are rare, but possible. Therefore, only the prices stated in our offer confirmation are binding, plus the legal valid rate of VAT. Unless stated to the contrary, the prices stated refer to one piece or item of any product.
Our prices are free house - excluding unloading - and are stated in Euro, plus the legal valid rate of VAT in Germany. Negotiation of stairs and transport "free place of use" are not included in the "free house" price, if no specific agreement exists to the contrary. Both deliveries to islands or highly mountainous regions and fixed delivery dates with quoted times are subject to a surcharge. If the net value is less than EUR 800.00 we do charge a small order supplement of 6% of the value of the goods.
In so far as not expressly stated to the contrary, the prices for the articles shown refer to the description of the goods, and not to their contents or to accessories or decoration. Static calculations are only supplied on request of the purchaser and are subject to extra charge.

4. Packaging
We assume that you wish to receive the goods in transport packaging of our choice. We try to reduce the need for complicated protective packaging by selecting suitable carriers.

5. Delivery times
Our delivery times are non-binding and are intended as a guide and indicate delivery within the times stated. However, delivery times may be shorter. They apply as from the supply location.
In so far as a fixed date of delivery is expressly confirmed by us in writing, this is naturally binding for us, as long as no unforeseen events in the sense of act of God intervene to the contrary.
Otherwise the delivery time is considered fulfilled as soon as the goods are transferred to the carrier.

6. Transport and transfer of risk
In the absence of specific agreement to the contrary, the transport route and means of transport are at our discretion. Please check the goods on arrival to ensure that they are complete and undamaged. If transport damage has occurred, please follow the procedure outlined in the instruction sheet enclosed with the consignment.
The risk is transferred to the buyer as soon as the goods have left our factory or the despatch warehouse, even if we supply other performance, such as delivery carriage paid, delivery with our own vehicles or similar. Transport damage must in any event be reported within four working days (this also applies to hidden defects).

7. Payment
We ask you to make payment within 10 days of receipt of invoice with 2 % discount or within 30 days net. After 30 days following receipt of invoice the buyer is automatically considered to be in arrears of payment in according with legal regulations without the need for further reminders.
For larger orders we reserve the right to agree on partial payment, e.g. 1/3 on receipt of order confirmation/ advance invoice and 2/3 within the aforementioned periods. Payment by bill of exchange or cheque is subject to special agreement prior to the sales transaction. The buyer is only entitled to offset, retain or reduce payment, even in the case of complaint or counterclaims, if his counterclaims have been finally established before the courts or if the claims are undisputed.

8. Assembly
Our shelving is supplied ready-to-assemble. Assembly instructions and instructions for use are included with each consignment. We ask you to carry out the assembly taking all details strictly into consideration, e.g. number and arrangement of corner brackets, number and arrangement of stiffening rails, diagonal struts etc. and at the same time to observe the safety regulations contained in ZH 1/428. If necessary (compartment base load over 200 kg - section load over 1000 kg), we attach load identification plates to our shelving.
We can assemble the shelving for you by agreement. We are entitled to engage subcontractors for this purpose. This work is invoiced on an order-to-order basis and separately and invoices are payable net immediately on receipt. The provisions regarding arrears contained in Item 7 Sentence 2 apply.

9. Retention of title
The goods supplied by us remain our property until all claims resulting from the particular order have been met. We retain title as against companies and third parties in the sense of § 310 Section 1 Sentence 1 BGB until all claims due to the purchaser resulting from the business relationship for any legal reason have been fulfilled. The purchaser undertakes only to sell the goods subject to retention of title in the normal course of business at his normal terms and conditions of business and only as long as he is not in arrears of payment.
He is only entitled to sell on the goods to third parties on condition that the claim to payment or compensation from the forward sale is transferred to us according to the following provisions. He is not entitled to dispose of the goods subject to retention of title in any other way.
The purchaser assigns his claims from onward sale of the goods subject to retention of title to us already now, regardless of whether the goods subject to retention of title are sold on to one or more purchasers. The purchaser is entitled to call in the assigned claims from the onward selling unless we inform him to the contrary. We are entitled to issue such notice at any time. The purchaser is in no case entitled to assign the claims to third parties.
If the value of the goods subject to retention of title exceeds the value of the claim by more than 20 %, we agree to release corresponding securities of our choice on request.

10. Defects and guarantee
Obvious defects (excluding transport damage) must be reported immediately in writing, but at the latest one week following receipt of the goods. Hidden defects must also immediately be reported in writing, but at the latest one week after their discovery.
If the complaint is justified, we offer rework free of charge, reduction of the purchase price or cancellation of the purchase contract at our own discretion. We are entitled to an appropriate period of grace in this regard. Further claims to compensation for damages are excluded, unless the damage is due to malicious intent or gross negligence or is due to non-existence of warranted characteristics which have been expressly confirmed in writing.
The warranty period defined by law applies and begins when the goods are received by the purchaser.

11. Exchange - Return of goods
If we agree to an exchange of goods or return of goods which you have requested (specially manufactured goods of all kinds are excluded), to which no legal claim exists, you must bear all the resulting costs. A further prerequisite is always that the goods returned by you are in perfect condition.
We only credit 85% of the purchase price for agreed return of goods. If we suggest replacement, we accept the associated costs.

12. Limitation of liability
We do not accept claims for damages arising from tortious act or from infringement of subsidiary duties, unless the damages are a result of deliberate intent or gross negligence. This also applies to actions by our vicarious agents.

13. Place of fulfilment and local jurisdiction
Place of fulfilment is Lüdenscheid.
If, contrary to expectations, a dispute should arise between the parties, the local jurisdiction for all disputes arising with merchants in the sense of the German Commercial Code (HGB) shall be Lüdenscheid.
The law of the Federal Republic of Germany shall apply with regard to these terms and conditions of business and the entire legal relationship between the parties. International law shall not apply. In particular, application of the United Nation Convention on Contract for the International Sale of Goods is excluded.

14. Data protection
Data related to persons and companies is stored and processed within our EDP system in order to ensure correct and proper business processes.

15. Rights of access for authorised representatives of the MPA material testing institute
Purchasers and users of warehouse shelving of an assured quality standard accept that representatives of the MPA Nordrhein-Westfalen material testing institute may have access to their premises at any time and they shall permit testing of quality / implementation of the goods. This testing is carried out within the framework of quality assurance measures and is free of charge for the purchaser or sender.

16. Other
If any provision of these terms and conditions of business or of any other agreement(s) between the parties should be or become invalid, the validity of all other provisions or agreements shall not be affected.

We reserve the right to change or modify prices or models of our products. Printing or other errors shall not be subject to any consequences whatsoever.

Valid from 01.02.2007
© 2013 Horges GmbH Lagertechnik - Fon: +49 (0)3 66 06 - 820 0 - Fax: +49 (0)3 66 06 - 820 10 - e-mail: kontakt@horges.de   | Datenschutz