General Terms and Conditions of Purchase (GTCP) - B2C

Table of contents

1. Scope
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Delivery time and delay
6. Right of disposal, product safety, exemption
7. Retention of title and processing
8. Liability for defects
9. Entrepreneur recourse
10. Limitation
11. Applicable law
12. Jurisdiction

1) Scope

1.1 These General Terms and Conditions of Purchase (hereinafter referred to as “GTCP”) of Hartmann & Benz GmbH, Gutenbergstraße 36, 70736 Fellbach, Germany (hereinafter referred to as “Buyer”) shall apply to all contracts for the supply of goods concluded by a consumer (hereinafter referred to as “Supplier”) with Buyer with respect to goods offered for sale by Supplier to Buyer.

1.2 These Terms and Conditions of Purchase shall apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the Supplier shall only become part of the contract if and to the extent that the Purchaser has expressly agreed to their application. This requirement of consent shall apply in any case, for example even if the Purchaser, being aware of the Supplier’s General Terms and Conditions, accepts the Supplier’s deliveries without reservation.

1.3 Individual agreements made with the Supplier in individual cases shall take precedence over these Terms and Conditions of Purchase and shall remain unaffected thereby.

1.4 The consumer within the meaning of these GTCP is, according to § Any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 Unless the specific circumstances of the individual case indicate otherwise, the contract between Buyer and Supplier shall be concluded as follows:

The buyer can by telephone, by e-mail, by fax or if necessary by

2.2 In case of economic inability of the Supplier to fulfill its obligations towards the Purchaser, the Purchaser may terminate existing exchange contracts with the Supplier by rescission without notice. This shall also apply in the event of an insolvency application by the supplier. § Section 321 BGB and Section 112 InsO shall remain unaffected. The Supplier shall inform the Purchaser in writing at an early stage of any impending insolvency.

3) Prices and terms of payment

3.1 Unless otherwise stated in the Supplier’s offer, the prices quoted are net prices which are subject to statutory value added tax.

3.2 Unless otherwise stated in the Supplier’s offer, the price shall include all services and ancillary services of the Supplier as well as all ancillary costs (e.g. proper packaging, customs duties, import duties, transport costs including any transport and liability insurance).

3.3 The payment options shall be communicated to the Buyer in the Supplier’s offer and shall be binding on the Supplier, unless any payment restrictions arise directly from the Supplier’s offer.

3.4 Invoices shall be sent to the Purchaser in one original copy, stating the invoice number, order number, quantity, price and other allocation features.

3.5 In the case of bank transfer, payment shall be deemed to have been made in due time if the Buyer’s transfer order is received by the Buyer’s credit institution before the expiry of the payment deadline. The Buyer shall not be responsible for any delays caused by the credit institutions involved in the payment process. The payment of the buyer is subject to invoice verification.

3.6 The Buyer shall not owe any maturity interest. The interest on arrears shall be 5 (five) percentage points above the prime rate per annum. For the occurrence of default of the buyer apply

online contact form to submit a non-binding request for a quote to the supplier. Upon the Buyer’s request, the Supplier shall send to the Buyer by e-mail, fax or letter a binding offer to sell the goods previously selected by the Buyer from the Supplier’s range of goods. The Purchaser may accept this offer by submitting a declaration of acceptance to the Supplier by fax, e-mail or letter or by paying the purchase price offered by the Supplier within 7 (seven) days from the date of receipt of the offer, whereby the day of receipt of the offer shall not be counted for the purpose of calculating the deadline. The date of receipt of payment by the supplier shall be decisive for acceptance by payment. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday, or a general holiday recognized by the state at the Purchaser’s registered office, the next working day shall take the place of such a day.

If the Buyer does not accept the Supplier’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer.

3.7 The Buyer shall be entitled to rights of set-off and retention as well as the defense of non-performance of the contract to the extent provided by law. In particular, the Buyer shall be entitled to withhold payments due as long as it still has claims against the Supplier arising from incomplete or defective performance.

4) Delivery and shipping conditions

4.1 Unless otherwise agreed, the delivery of goods shall be made by shipping to the delivery address specified by the Buyer.

4.2 The Supplier may only invoke any delivery restrictions if these were already clearly apparent from its offer and the Purchaser has not objected to them.

4.3 The Supplier shall only be entitled to make partial deliveries if the Purchaser has expressly agreed to them in advance. In the event of permissible partial deliveries, the Supplier shall also be entitled to issue partial invoices.

4.4 The risk of accidental loss and accidental deterioration of the sold goods shall pass to the Buyer upon handover at the place of performance. If the Supplier is responsible for installation and assembly, the risk shall pass to the Purchaser upon completion of the installation and assembly work and upon handover to the Purchaser.

4.5 In the event of self-collection, the Supplier shall first notify the Purchaser that the goods ordered by it are ready for collection. Upon receipt of such notice, the Buyer may collect the goods by arrangement with the Supplier. In this case, the buyer will not be charged shipping costs.

5) Delivery time and delay in delivery

5.1 The delivery time stated in the Supplier’s offer shall be binding. The supplier is obliged to inform the purchaser immediately, stating the reasons and the expected delay, if it is foreseeable that agreed delivery times cannot be met.

5.2 If the Supplier fails to perform or fails to perform within the agreed delivery time or is in default, the rights of the Purchaser shall be determined in accordance with the statutory provisions.

6) Right of disposal, product safety, exemption

6.1 The Supplier warrants that it has the right to sell the goods to the Purchaser in the contractually agreed condition and to obtain title thereto. The supplier further warrants that the goods are free from any third party rights.

the legal requirements. In any case, however, a written reminder by the supplier is required.

6.2 The Supplier is obliged to comply with the recognized rules of technology and the statutory provisions on product safety, in particular the Product Safety Act, and warrants that the goods meet the relevant statutory requirements.

6.3 The Supplier shall indemnify the Purchaser against all justified claims of third parties asserted in connection with an infringement of their rights with respect to the goods delivered to the Purchaser. In this case, the supplier shall also assume the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This shall not apply if the Supplier is not responsible for the infringement. In the event of a claim by a third party, the supplier is obliged to provide the purchaser immediately, truthfully and completely with all information required for the examination of the claims and a defense.

7) Retention of title and processing

7.1 Unless otherwise agreed, the transfer of ownership shall take place unconditionally and without regard to the payment of the purchase price upon handover of the goods to the Buyer. If the Purchaser nevertheless accepts in an individual case an offer of the Supplier for transfer of title conditional on payment of the purchase price, the Supplier’s retention of title shall expire at the latest upon payment in full of the purchase price for the goods delivered. An extended or expanded retention of title by the supplier is excluded.

7.2 Any processing, mixing or combining of objects of the Buyer by the Supplier shall be carried out for the Buyer. The Buyer shall become a co-owner of the products manufactured using his items in the ratio of the value of his items to the value of the total product.

8) Liability for defects

8.1 The statutory provisions shall apply to the Buyer’s rights in the event of material defects and/or defects of title of the goods and in the event of other breaches of duty by the Supplier, unless otherwise stipulated below.

8.2 Within the scope of the commercial duty to examine and give notice of defects pursuant to Sections 377, 381 of the German Commercial Code (HGB), Buyer’s notice of defects shall be deemed to have been given without undue delay and in due time if it is received by Supplier within 10 (ten) calendar days.

8.3 If the Supplier fails to meet its obligation to remedy the defect (at the Purchaser’s option, repair or replacement) within a reasonable period of time set by the Purchaser, the Purchaser may remedy the defect itself and demand reimbursement of the expenses required for this purpose or a corresponding advance payment from the Supplier (substitute performance). If subsequent performance by the Supplier has failed or is unreasonable for the Purchaser (e.g. due to particular urgency or imminent occurrence of disproportionate damage), no deadline need be set. The Purchaser shall notify the Supplier thereof without undue delay, if possible by

8.4 If the Supplier fulfills its obligation of subsequent performance by replacement delivery, the limitation period for the goods delivered as replacement shall start to run anew after their delivery, unless the Supplier has expressly and correctly referred to making the replacement delivery without acknowledging a legal obligation when making the subsequent performance.

9) Entrepreneur recourse

9.1 The Purchaser shall be entitled without limitation to the statutory rights of recourse pursuant to §§ 445a, 445b BGB in addition to the claims for defects. In particular, the Purchaser shall be entitled to demand from the Supplier the type of subsequent performance (repair or replacement delivery) that it owes its customer in the individual case. The statutory right of choice of the purchaser pursuant to § 439 para. 1 BGB remains unaffected by this.

9.2 Before the Purchaser acknowledges or fulfills a claim for defects asserted against it by its customer, it shall give the Supplier the opportunity to comment, setting a deadline. If the statement is not made within a reasonable period of time and if no amicable solution is brought about, the claim for defects actually granted by the purchaser shall be deemed to be owed to his customer. In this case, the supplier shall be responsible for providing evidence to the contrary.

before taking the appropriate measures.

10) Limitation

The purchaser’s claims shall become time-barred in accordance with the statutory provisions.

11) Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods.

12) Jurisdiction

The statutory provisions on the restriction of the choice of law shall remain unaffected. In particular, the choice of law must not have the effect of depriving the consumer of the protection which, in the absence of the choice, would be afforded to him by the mandatory rules in the country of his habitual residence

13) Information on alternative dispute resolution

The European Commission provides a dispute resolution platform online, the so-called “ODR platform”, which can be accessed at the following link: http://ec.europa.eu/odr

This platform can be used for the out-of-court settlement of disputes regarding contractual obligations arising from sales contracts concluded online. The prerequisite is that the customer is a consumer residing in the European Union.

The buyer is not obligated to participate in a dispute resolution procedure before a consumer arbitration board and is generally not willing to do so. The ordinary legal process remains open for both parties. The statutory provisions shall apply to the place of consumer jurisdiction.