Terms and Conditions

General terms and conditions of business and delivery

I      General
All agreements and offers are based on our terms and conditions; They are recognized by placing orders and accepting the delivery. Deviating conditions of the buyer, which we do not expressly acknowledge, are non-binding for us, even if we do not expressly disagree with them.
Ancillary agreements are only effective if they are confirmed in writing.

II Delivery time
The delivery time is only considered to be approximate.   The delivery time begins with the date of dispatch of the order confirmation and is observed if the goods have left the factory by the end of the delivery period or if the dispatch readiness is reported.

In the event of premature delivery, the date and not the originally agreed time shall prevail. The delivery period is extended – even within a delivery delay – appropriately on the occurrence of unforeseen obstacles, which the supplier could not avert despite the reasonable care due to the circumstances of the case, e.g. malfunction of the service, official interventions, Energy supply difficulties, delay in delivery of essential raw materials and supplies. The same also applies in the case of strike and lockout.   The supplier must immediately inform the customer of such obstacles.

In the event of subsequent amendments which may affect the delivery period. The delivery period shall be extended appropriately, unless special agreements are made.

III Price and payment
The prices for our heating elements are in € net ex works exclusively packaging. Our Innlandsrechnungen are payable within 10 days minus 2% discount, or within 30 days after the invoice date net cash. Pure wage work is due immediately after receipt of the invoice, without deduction of discount. If the target is exceeded, default interest is calculated according to the usual bank interest. In addition, the following Dunning fees are calculated as a delay: 2. Reminder = €2.50 3. Reminder = 5.00 €, 4. Reminder = €7.50, 5. Reminder = €17.50.

In the case of shipments abroad, the payment is due immediately after receipt of the invoice, subject to other agreements. Acceptances are accepted at the discount rates valid on the day of the exhibition and subject to reservation. Discount and expenses are at the expense of the acceptor.

Shipping costs are calculated according to the valid rates, packaging at cost. The packaging except crates is generally not taken back. The customer can only set off claims that are undisputed and legally valid.

IV Transfer of risk
If the goods are sent to the customer at the request of the orderer, the delivery to the shipper of the supplier, but at the latest with leaving the plant or warehouse, the risk of accidental loss or accidental deterioration of the goods on the Orderer. If the goods are ready for dispatch and the dispatch or acceptance is delayed for reasons which the supplier is not responsible for, the risk passes to the customer with the receipt of readiness for dispatch.

V Retention of Title
The delivered goods remain the property of the supplier until the full payment of all receivables from the business relationship between the supplier and the buyer. The adjustment of individual receivables into a current invoice as well as the balance drawing and its recognition does not affect the retention of title. The receipt of the counter value by the supplier shall be considered as payment. The customer is entitled to resell the reserved goods in the ordinary course of business; However, he is not permitted to pledge or transfer security. The customer is obligated to secure the rights of the reserved seller in the case of resale of reserved goods on credit. The customer's claims arising from the resale of reserved goods shall be ceded by the purchaser to the supplier already now; The supplier accepts this assignment. Notwithstanding the assignment and the right of collection of the supplier, the Orderer is entitled to confiscation as long as he fulfils his obligations towards the supplier and does not fall into a loss of assets. At the request of the supplier, the Purchaser shall provide the supplier with the information necessary for the collection of the assigned subsidies and inform the debtors of the assignment.

The purchaser shall make a possible processing of the reserved goods for the supplier without any obligations arising for the latter. The Supplier shall be subject to the processing, mixing or blending of the reserved goods with other goods not belonging to the supplier.

Co-ownership share in the new item in the ratio of the invoice value of the reserved goods to the other processed goods at the time of processing, mixing or blending.  If the purchaser acquires sole ownership of the new item, the Contracting Parties agree that the Purchaser shall be jointly entitled to the supplier in the ratio of the invoice value of the processed or connected, mixed or blended reserved goods to the newly The goods and keep them for the supplier free of charge. If the reserved goods are resold together with other goods, irrespective of whether without or after processing, connection, mixing or blending, the aforementioned advance assignment shall only apply in the amount of the invoice value of the reserved goods, which together with Sold to the other goods.

The customer shall inform the supplier immediately of any execution measures of third parties in the reserved goods or the claims assigned in advance, with the handover of the documents necessary for an intervention. The supplier undertakes to release the safeguards to which he is entitled according to the above provisions at the request of the customer to the extent that their value exceeds the receivables to be secured by 20% or more.

VI acceptance
Goods are to be delivered by the customer. Partial deliveries are permitted. Special designs cannot be withdrawn in the case of incorrect orders. For manufacturing reasons, a deviation is reserved for order quantities of up to 19 units of ± 1 piece and for order quantities from 20 units of ± 5% during delivery.

VII Liability and Defects
The supplier shall be liable for defects, including the absence of assured properties, as follows:

1.All those parts or services shall, at the supplier's choice, be repaired, re-delivered or re-supplied free of charge within 12 months, irrespective of the period of operation, from the date of the transfer of risk, as a result of a The passing of the risk, in particular due to faulty design, bad material or defective design, or the usability of which has been significantly impaired. The supplier must be notified immediately in writing of such defects.

2.The customer shall comply with the contractual obligations incumbent upon him, in particular the agreed payment terms. If a notice of defects is claimed, payments by the customer may only be held back to an extent that is proportionate to the defects that have occurred. If the customer is a fully commercial commercial trade, sentence 2 does not apply. A fully commercial customer may only withhold payments if the defect between the supplier and the customer is undisputed or has been decided by law.

3.In order to rectify the defect, the customer shall grant the supplier the time and opportunity required at reasonable discretion. If he refuses to do so, the supplier shall be exempt from the liability for defects.

4.If the supplier is allowed to pass a reasonable period of grace provided to him without remedying the defect, the customer may withdraw from the contract (withdrawal) or demand an appropriate reduction of the remuneration (reduction).

5.The right of the customer to assert claims arising from defects shall be barred in all cases at the time of the complaint in 12 months. If no agreement is reached within this period, suppliers and Orderers may agree to extend this limitation period.

6.The liability for defects shall not apply to natural wear and tear, nor to damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating materials, defective construction work, unsuitable foundation soil and such chemical or electrical influences as were not foreseeable under the contract.

7.The liability for the resulting consequences is excluded due to changes and repairs carried out incorrectly by the customer or by third parties.

8.The warranty period is 3 months, for replacement deliveries and replacement services 6 months. It usually runs until the end of the original warranty period for the delivery item. The time limit for liability for defects shall be extended by the duration of the interruption in service, which is due to the need for rectifications, replacement deliveries or replacement services, for those parts which are not useful because of the interruption can be operated.

9.The provisions on warranty periods in paragraphs 1, 5 and 8 shall not apply to the extent that the legislator, e.g. for consumers, requires mandatory longer periods.

10.Further claims of the purchaser against the supplier and his vicarious agents are excluded, in particular a claim to compensation for damages which have not arisen on the delivery item itself. This does not apply in cases of intent, gross negligence or the absence of warranted properties.

11.The provisions of paragraphs 1 to 10 shall apply mutatis mutandis to such claims by the customer for rectification, replacement or compensation, which have arisen through proposals or deliberations made within the framework of the contract or by breach of contractual ancillary obligations.

VIII Impossibility of adapting the contract

1.If the supplier or the customer is unable to deliver the goods, the general principles of law shall apply with the following conditions:

If the impossibility is due to the fault of the supplier, the buyer shall be entitled to demand compensation. However, the claim for damages is limited to 10% of the value of the part of the delivery or service, which cannot be put into useful operation because of the impossibility. Claims for damages by the customer which exceed the mentioned limit of 10% are excluded. This does not apply if it is mandatory to be liable in cases of intent or gross negligence. The right of the customer to rescind the contract remains unaffected.

2.If unforeseen obstacles (s. Delivery periods) significantly alter the economic significance or the content of the delivery or service or have a significant effect on the operation of the supplier, the contract shall be appropriately adapted to the extent that this is in good faith Is.  To the extent that this is not economically justifiable, the supplier has the right to withdraw from the contract. If he wants to make use of this right of withdrawal, he must inform the customer immediately after realizing the scope of the event, even if an extension of the delivery time was initially agreed with the customer.

Ix other claims for damages
Claims for damages of the customer from positive claims violation, from the breach of obligations in the contract negotiations and from tort are excluded. This shall not apply in cases of intent or gross negligence on the part of the supplier, his legal representative or his vicarious agents. This limitation of liability shall apply accordingly to the customer.

X place of performance and legal venue
The place of performance for all obligations under the contractual relationship is Pfarrkirchen.
The place of jurisdiction for all legal disputes arising out of the contractual relationship as well as its emergence and its effectiveness shall be determined by the domicile of the supplier.
The contractual relationship is governed by German law.

XI     Privacy
The customer agrees to the computerized recording of his client data.

You can find our privacy policy at www.hke-tec.com

XII Liability of the contract
The contract and the general terms and conditions of business and delivery remain binding and effective even in the case of legal invalidity of individual points.