Purchasing conditions

HD Wahl GmbH, 89343 Jettingen-Scheppach

Acceptance of our order requires acceptance of the following purchasing conditions, including for any subsequent transactions. We do not recognize conditions stated on confirmations, delivery notes, invoices, etc. from our suppliers. Deviations always require our express written confirmation. Silence on our part regarding differing conditions from the supplier is in no way deemed to be recognition or consent.

1. Binding, confirmation:

Only orders placed by us in writing are legally binding for us. Agreements made verbally or by other means require our written confirmation. The supplier must confirm the order acceptance in writing as soon as possible, stating the price and delivery time.

2. Delivery time, delay:

The delivery period begins from the day of the order; the date of receipt of the goods is decisive for compliance. It must be adhered to on time. If this is not possible, the reasons and the probable duration of the delay must be communicated to us immediately. If the supplier is in default, we are entitled to withdraw from the contract or to demand compensation for non-fulfillment without the need to set a grace period.
The supplier can respond to the lack of necessary documents or information to be provided by the purchaser can only be invoked if he has immediately requested this in writing and has not received it immediately.

3. Delivery:

1. Delivery is at the risk of the supplier, freight and packaging free. Any breakage and transport damage must be borne by him, as well as any damage caused by improper packaging, incorrect declaration or deviations from our shipping regulations. We are only obliged to accept the quantity of goods that we have ordered. Over- and under-delivery is only permitted if this has been expressly acknowledged by us. If agreed with the supplier, packaging is to be charged at the cheapest price if it is not included in the price of the goods. We reserve the right to return the packaging freight collect against reimbursement of the price invoiced.
2. All deliveries must be notified to us, stating the numbers and symbols stated in our order and the destination.
3. We do not cover insurance costs.
4. Delivery before the agreed date is only permitted with our express consent. The originally scheduled date remains decisive for the due date of the invoice amount.

4. Complaint of defects, acceptance:

Incoming shipments are checked carefully by us. Since an exact inspection is not always possible due to the type and scope of the individual product categories, complaints must be acknowledged even if they deviate from the legally stipulated deadlines. Defects identified, particularly those that become apparent during processing, will be repaired in urgent cases at your expense - taking into account our cost costs — fixed by us. None of our payments constitute an acknowledgment of proper delivery or a waiver of claims. We reserve all legal rights.
If acceptance has been agreed at your factory, the date must be agreed with us in good time. The supplier also remains liable for defects that are not apparent or not recognized.

5. Warranty:

The supplier assumes a guarantee for proper execution, use of flawless materials as well as for function and operational safety for one year, calculated from successful commissioning, for construction work in the long term of five years.
If defects have to be eliminated during the warranty period that significantly affect the function or usability of the delivery, the agreed warranty period begins again after the repair .
The supplier further guarantees that the delivery meets all relevant legal or administrative requirements. In particular, the regulations of the responsible professional association, the implementation rules, the trade regulations, the VDE guidelines and the Machinery Protection Act. Necessary accident protection devices are included in its scope of delivery. The supplier guarantees that that the delivery and use of the ordered items do not infringe any patent or intellectual property rights of third parties.

6. Patterns, models:

Drawings, samples or models that we make available to you remain our property. They must be returned without request and free of charge before the final delivery or offer is made and may not be disclosed or passed on to third parties without our permission. No right of retention can be asserted on such documents. Our information about the production of goods ordered from us, in particular the drawings made according to our information, may not be further used, reproduced or made available to any third parties. If this happens anyway, then the supplier is liable to us for all damages.

7. Advertising:

Use of our order for advertising or other purposes is not permitted.

8. Prices:

The prices stated in the order must be adhered to. If no prices are stated there, they must be given to us by the supplier for confirmation before the order is executed. Otherwise, the lowest market prices are deemed to be agreed.

9. Invoicing, due date:

All invoices must be submitted to our purchasing department in duplicate immediately after delivery, monthly invoices must be submitted in duplicate to our purchasing department no later than the 5th of the month following delivery. You will be paid net after 60 days or within 15 days less a 3% discount. The time of receipt of delivery is decisive for the payment deadline. If the order also includes the installation, assembly or setting up of the goods, the payment period only begins when they are accepted by the customer after they are ready for operation.
A failure to comply with our ordering instructions (e.g. missing order number). Any delay in processing will extend the payment and discount periods accordingly.

10. Place of performance, place of jurisdiction, binding law:

1. The place of performance for all services, repairs and guarantee services is the place of receipt or processing specified by us, and for payments the headquarters of our company.
2. The place of jurisdiction for bill of exchange and check processes and for the possible conclusion of fixed-term transactions is the registered office of the purchaser, who is also entitled, at his discretion, to sue in Munich or at the registered office of the supplier.
3. If a supplier is not a registered merchant, the jurisdiction agreement in No. 2 is only concluded in the event that:
   3.1. The party to be sued moves its residence or usual place of residence outside the scope of the ZPO after conclusion of the contract or its place of residence or usual place of residence is not known at the time the lawsuit is filed.
   3.2. Claims can be asserted through the dunning procedure.

11. Foreign business:

For the legal relationship with foreign suppliers, German or international law applies exclusively.

12. Binding:

Should one or more provisions of these terms and conditions be or become wholly or partially ineffective, the other provisions remain unaffected. The parties hereby agree on the legally effective regulation that comes closest to the economic purpose of the possibly ineffective regulation.
If a party tacitly does not make use of the rights to which it is entitled, this does not constitute a waiver of these rights.< br /> Unavoidable natural events, strikes, industrial action, operational disruptions or standstills as a result of political measures, etc. release us from the obligations arising from the contract and the resulting obligations for the duration of the disruption Follow.