Terms and Conditions

General Terms and Conditions by Hydrauliktechnik24 GmbH, 88263 Horgenzell, Furth 1A

1.0 Scope

1.1 Only the following conditions of sale, delivery and payment are effective for the acceptance and execution of orders. Contractual conditions of the contractual partner that differ from those indicated are only effective if they were confirmed explicitly by us.

1.2 Consumers in terms of these General Terms of Business are individuals who do not pursue a commercial but an independent professional activity. In terms of these General Terms of Conditions, contractors are understood as natural or legal persons or legally constituted partnerships acting in an independent professional or business activity. Customers are understood as consumers as well as contractors in these Terms of Business.

2.0 Offers

2.1 Our offers are non-binding. All agreements only become legally binding through our written confirmation. This is also the case for verbal collateral agreements.

2.2 The customer is bound to his order for 4 weeks. We are authorized to accept the contract offer that goes along with the order within this period. of time. The acceptance can either be declared in writing or by delivery of the goods.

2.3 If the consumer orders goods electronically, we will confirm the receipt of order immediately. However, the confirmation of receipt does not constitute a binding acceptance of the order but can be combined with the statement of acceptance.

2.4 The conclusion of contract is subject to the correct and timely delivery to Hydrauliktechnik24 GmbH by our own suppliers. This only applies if we are not responsible for the failure of delivery. The customer will be informed about any non-availability of service immediately. Any payment made will be refunded.

2.5. If the consumer orders goods electronically, we will save the contract and send it to him together with the General Terms of Business to the customer if requested.

2.6. We reserve the ownership rights and copyrights to elaborations, offers and drawings developed by us. They may not be made accessible to third parties. If requested they are to be returned immediately.

3.0 Prices

3.1 The prices stated by us are ex warehouse Horgenzell, Furth 1A, excluding packaging and VAT.

3.2 When a binding price agreement has been made, we can still adjust the prices if the delivery or service is affected directly or indirectly and its price is raised subsequently by any of the following reasons: New, additional public charges, incidental fees, freights or their raise or other legal measures, a change of expense factors like wages or material costs on which our prices are based on. This does not apply if we explicitly and in writing consented a fixed price.

4.0 Terms of Payment

4.1 Our invoices are due immediately and payable.

4.2 The acceptance of a bill requires a special agreement. Cheques, bills and other securities are only accepted to fulfil the obligations created by the contract, they are subject to the usual reservations related to their encashment, their possibility of discount and the assumption of all costs that result from the encashment by the contractual partner. These costs are to be paid in cash by the contractual partner, according to our calculation. We do not undertake a commitment for the timely presentation of bills and cheques and the timely presentation of protests.

4.3 The customer is, in any case, obligated to settle the invoice at the latest within 30 days after receiving the goods. After the expiration of this period, the customer is in default of payment without the requirement of a reminder from us.

4.4 If the consumer is in default of payment, a default interest of 5% above the base interest rate on the amount owed has to be paid.

4.5 If the contractors are in default of payment, a default interest of 8% above the base interest rate on the amount owed has to be paid. For entrepreneurs we reserve the right to prove higher damage by delay and assert this.

4.6 The customer only has the right to set-off if his counterclaims have been established legally by a court decision or acknowledged by us. The customer can only exercise the right to retention if his couterclaims are based on the same contractual relationship.

4.7 Regardless of the term of bills that may have been accepted or credited, all our receivables are due immediately if the conditions of payment are not kept . They are also due immediately if a deterioration of the contractual partner's financial situation has occured after the contract has been concluded and seriously jeopardises the proper fulfilment of our payment claim. If instalment payments have been agreed upon and the purchaser delays an instalment completely or partially for more than 10 days, then the complete remaining amount is due at once.

4.8 In case of partial delivery we are entitled the right to demand partial payments.

5.0 Conditions of delivery

5.1 In case of an hindrance, which we will give notice of as soon as possible, the time of delivery will be extended appropriately.

5.2 The deadline of delivery is met if the item for delivery has left the works or is notified as ready for shipping within the time of delivery.

5.3 In case of not meeting a binding delivery deadline, claims for damages by the orderer are excluded if the delay is caused by a minor negligence on our part. In case of moderate or gross negligence, claims for damages due to delay and our liability for damages that were unforeseeable at the time of the conclusion of the contract or the performance of the damaging action, are excluded. The contractual partner's right to withdraw from the contract after a set and appropriate time of grace has expired unsuccessfully, remains unaffected.

6.0 Warranty

6.3 If the rectifying fails, the customer is generally entitled to demand either a price reduction or the withdrawal from the contract. In case of only minor violation of the contract, in particular for only minor defects, the customer is not entitled the right to withdrawal from the contract.

6.5

If the customer chooses the withdrawal from the contract because of a defective title or material defect, after failed supplementary performance, he is not entitled additional claim for compensation. If the customer chooses compensation after failed supplementary performance, the goods remain with the customer if this is reasonable. The compensation is limited to the difference between the purchasing price and the value of the defective item. This does not apply if we caused the violation of the contract maliciously.

6.6. The warranty period for entrepreneurs is 1 year from the delivery of the goods. The statute of limitations is 2 years from the delivery of the goods. The statute of limitations for used goods is 1 year from the delivery of the goods.

6.7 If the customer is an entrepreneur, the quality of goods is generally agreed upon as it is stated in the product description by the manufacturer. Public statements, promotion and advertisement by the manufacturer though do not display a quality description according to the contract.

6.8 As far as third party products are concerned, especially hose lines, our liability is limited to the assignment of the claims to our suppliers.

In these cases, warranty claims against us according to item 6.1 only exist if the third party damage liability fails and the contractual partner would therefore be placed without rights regarding the warranty if it wasn't for our obligation for guarantee. The failure of the third party damage liability is not to be assumed until there is a legal court decision against the supplier and a forced execution has been carried out unsuccessfully, or a failure of the third party damage liability is evident.

7.0 Liability limitations

7.1 In case of minor negligent duty violations, our liability is limited to the immediate average damage, typical for the contract and foreseeable, according to the type of goods. This also applies to minor negligent duty violations by our legal representatives or agents. We are not liable for minor negligent violations to entrepreneurs.

7.2. The liability limitations stated above do not apply to customer claims from product liability. Furthermore, the liability limitations do not apply to physical damage or health damage assignable to us, or the loss of the customer's life.

7.3 Customers' claims for damages due to a defect are limited in time to one year from the delivery of the goods. This does not apply if we can be accused of acting maliciously.

8.0 Reservation of title

8.1 For contracts with consumers we reserve the title of the merchandise until the complete payment of the purchasing price has been received. For contracts with entrepreneurs, we reserve the title of the merchandise until all receivables resulting from the current business relationship have been paid.

8.2. The customer is obliged to handle the goods with care. If maintenance or inspection work is required, the customer is, at his own expense, in charge of carrying these out regularly .

8.3 The customer is obliged to notify us immediately if a third party gained access to the goods, for example in the case of a seizure or if the goods have been damaged or destroyed. Any change of ownership as well as a change of his own residence is to be reported immediately to us by the customer.

8.4 In case of a costumer's breach of contract, especially if he is in delay with payment or if he is violating an obligation according to items 8.2 or 8.3, we are entitled to withdraw from the contract or claim the return of the goods.

8.5 The entrepreneur is entitled to resell the goods in the ordinary course of business. He already now assigns to us all his receivables in the amount of the total of invoice, which he will receive through reselling to a third party. We accept the assignment. After the assignment, the entrepreneur is authorized to collect the claims. We reserve the right to collect the claim ourselves if the entrepreneur does not fulfil his payment obligations properly or is in default of payment.

8.6 The processing of the goods by the entrepreneur is always carried out in our name and on our behalf. If the processing includes items that are not belonging to us, we will obtain co-ownership of the new product, proportionally of the value of our delivered goods to the other processed items. This also applies if the goods are mixed with other items that are not owned by us.

8.7 We are committed to release securities, to which we are entitled according to the conditions, to the extent that their realizable value exceeds the value of the receivable that needs to be secured.

9.0 Return fees

If the customer has the right to withdrawal and exercises this, he will have to pay the regular costs for return if the price of the item that is to be returned does not exceed EUR 40,00. He also has to pay the costs for return if the price of the item exceeds EUR 40,00 but the customer has not made the consideration or partial payment by the time of the cancellation, unless the delivered goods do not correspond to the ordered ones. In all other cases, the vendor will bear the costs of return.

10.0 Final provisions

10.1 Exclusively the law of the Federal Republic of Germany applies. The regulations of UN purchasing law do not apply.

10.2 If the customer is a trader, a legal entity of public law or special property under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office. This also applies if the customer does not have a general place of jurisdiction in Germany or if his place of residence or usual abode is unknown at the time the legal action is taken.

10.3 If individual provisions of the contract with the customer, including these GTC, are or become completely or partially invalid, the other parts of this contract remain effective. The provisions that are completely or partially invalid shall be replaced by a regulation that corresponds economically to the invalid terms as closely as possible.

11.0 Contractual language

10.1 The contractual language is German.