Terms and Conditions of Business for HAZET Services
- These Terms and Conditions of Business (AGB) apply for all services including repairs, calibrations and adjustments that are carried out by HAZET-WERK Hermann Zerver GmbH & Co. KG (hereinafter: "HAZET"). The separate HAZET Terms and Conditions of Sale, Delivery and Payment apply exclusively for the sale of HAZET products.
- All HAZET offers and services are based exclusively on the Terms and Conditions of Business below (hereinafter “Terms and Conditions”). We herewith explicitly contest the customer’s terms and conditions as per Section 305 et seq. of the German Civil Code ("BGB"). These shall not be included in the content of the contract without the explicit consent of HAZET or the persons acting on behalf of HAZET.
- The Terms and Conditions below are a component of all contracts that HAZET concludes with its customers concerning the provision of services. Agreement is given to the Terms and Conditions when the order is placed or the delivery accepted.
- For the purposes of these Terms and Conditions, a customer refers to both a consumer and an entrepreneur, unless otherwise specified. According to Section 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose which can be attributed neither to their commercial nor to their independent professional activity. According to Section 14 BGB, an entrepreneur is a natural person or legal person (e.g. limited liability company, public company) or a legally competent partnership (e.g. limited partnership, civil law partnership, general partnership) which acts for the purposes of its commercial or independent professional activity when concluding a legal transaction.
II. Offers, origination of contract
- HAZET offers are subject to confirmation and without obligation. HAZET can accept orders for the performance of services within 14 days. The customer is thus bound to his order for at least this period. The order, from which the scope and content of the services to be provided arises, shall be deemed to be accepted if it is confirmed by HAZET to the customer in writing by letter, fax or email.
- HAZET reserves the right to ownership and the copyright to any documentation pertaining to the offer (illustrations, drawings, descriptions and the like); third parties may only obtain access to the documentation if it is intended to be circulated. Otherwise it should be returned to HAZET upon request.
- The technical data provided in brochures, catalogues, bulletins, advertisements and price lists is only considered information concerning the condition, and is not a guarantee or assurance. It is only intended to impart a general representation of the services described therein. They do not include any explanations, other assurances or guarantees and shall not become an integral part of the contract.
III. Prices / Terms of payment
- Prices apply net plus value added tax to the statutory amount.
- Unless otherwise agreed in writing, the invoices are due for full payment within 30 days as of the invoice date. The receipt by HAZET shall determine the date of payment. If payment terms are not met, interest shall be charged on the respective claim at 8% above the respective base interest rate pursuant to Section 247 Paragraph 1 in conjunction with Section 288 Paragraph 2 BGB. The right to assert further claims due to the delay is hereby unaffected.
- The customer is only entitled to offset rights if his counterclaims are established by law, undisputed or recognized by HAZET. In addition, the customer shall only be entitled to a right of retention insofar as his counterclaim is based on the same contractual relationship.
- If HAZET receives information about a deterioration of the customer’s financial circumstances or if HAZET learns that the customer is otherwise acting contrary to the contract, HAZET is entitled to request advance payments or that security be provided before rendering any outstanding deliveries or services.
- With the exception of pecuniary claims the customer cannot assign or transfer the rights and obligations arising from these Terms and Conditions and/or from the contracts covered by them without HAZET’s prior written consent.
IV. Delivery period, receipt of goods
- The delivery periods indicated by HAZET are deemed to be approximate, unless HAZET has assured a binding delivery period in writing and the customer has communicated or provided all information required for execution of the services in adequate time. Agreed deadlines begin with the date of the order confirmation.
- Force majeure of any kind, unforeseeable operational, traffic or possibly shipping disruptions, fire damage, flooding, unforeseeable energy, raw material or resource shortages, lawful strikes, lawful lockouts, official decrees or other obstructions for which the party contractually obliged to provide the performance is not responsible, which delay, prevent or render unreasonable the performance and/or the acceptance, shall free such contractual party from the obligation in respect to performance and acceptance for the duration and extent of the disruption. Damage compensation claims shall not arise to this extent.
- If the delivery by HAZET is delayed, the customer is only entitled to withdraw if HAZET is responsible for the delay and a reasonable period of grace set by the customer for completion of the agreed services has passed without success.
- Partial deliveries are permitted for a justified reason, insofar as they are reasonable to the customer.
V. Transport / Transfer of risk
- HAZET shall ship the objects handed over within the scope of the order after fulfillment of the performances due to the customer via parcel service at its own expense.
- Transfer of risk for consumers If the customer is a privately acting consumer pursuant to Article 1.4 of these Terms and Conditions, the risk of accidental loss and accidental deterioration of the objects transferred within the scope of the order shall pass to the customer when such items are handed over to the latter.
- Transfer of risk in case of entrepreneurs The risk of accidental loss and accidental deterioration of the objects transferred within the scope of the order shall pass to the customer, insofar as the customer is a commercially active entrepreneur pursuant to Article 1.4 of these Terms and Conditions, with delivery of such items to the parcel service entrusted with the shipping to the customer;
- On the request of the customer, the objects handed over to the parcel service performing the shipping within the scope of the order shall be insured against all risk to be insured from or via the latter.
VI. Lien / Right of retention
- HAZET is entitled to a contractual lien for the objects that have come into its possession as a result of the order, owing to its claim arising from the order. The contractual lien can also be enforced based on claims from work carried out previously and other services, insofar as it is associated with the object of the order. For other claims arising from the business relationship with the customer, the contractual lien shall only apply insofar as these are undisputed or a legally binding title is present and the object of the order belongs to the customer.
- If a lien pursuant to Paragraph 1 has not come about, HAZET shall consequently exercise a right of retention to the objects transferred on the basis of the order for the case of payment arrears on the part of the customer.
VII. Customer claims for defects
- In the case of orders comprised of work performances, the defect claims provided by law are available in full to the customer, who is a consumer as per the regulation under the above Article 1 Paragraph 4.
- In case of orders comprised of work performances, the defect claims in the sense of Section 634 BGB are available in full to the customer, who is an entrepreneur as per the regulation under the above Article 1 Paragraph 4, in accordance with the following provisions:
- HAZET shall remain liable for a period of 12 months, beginning with acceptance of the work in respect to the absence of defects in the work performance.
- Claims by the customer based on defects are excluded in the case of insignificant material defects. An insignificant material defect is present particularly if the value or suitability for normal use is reduced only negligibly.
- In case of deficiency in the work performance, HAZET can first rework or produce new work at its discretion (subsequent fulfillment). HAZET is entitled to repeat a failed subsequent fulfillment. HAZET can decline the subsequent fulfillment if it is associated with disproportionate costs for HAZET.
- If the subsequent fulfillment is unsuccessful, rejected, unreasonable or the period for grace for subsequent fulfillment granted by the customer to HAZET did not result in success, or a deadline is dispensable, the customer is entitled to demand a reduction or withdraw from the contract. The right to demand damage compensation or substitution for futile expenditures is limited according to Article 10 below.
- Compensation claims, irrespective of the legal grounds, which are made by the customer are excluded unless based on cases of intent, gross negligence, bodily injury, death or damage to health, due to the violation of a guarantee pursuant to Section 444 BGB, inability or the violation of a major contractual obligation.
- The compensation for the violation of a major contractual obligation is, however, limited to the foreseeable damage which is typical in contracts unless there is intent or gross negligence or liability due to bodily injury, death or damage to health or due to a guarantee pursuant to Section 444 BGB. A reversal of the burden of proof to the customer’s disadvantage is not associated with the above regulations.
- The provisions of the product liability law shall apply without restrictions.
- In transactions with contractors in the sense of Article 1 Paragraph 4, the place of jurisdiction for all disputes concerning these terms and conditions and the individual contracts concluded thereunder, is agreed to be the registered office of HAZET. In this case HAZET is also entitled to bring actions at the customer's registered office.
- The legal relationship between HAZET and the customer is subject exclusively to the law of the Federal Republic of Germany. In the case of contracts with consumers as per Article 1 Paragraph 4 of these Terms and Conditions, this choice of law only applies to the extent that it does not result in deprivation of the protection which would be granted by the binding regulations of the law of the country in which the consumer is habitually resident.
- These Terms and Conditions shall apply until revoked.