General terms and conditions
General terms of sale and delivery
of Glaswarenfabrik Karl Hecht GmbH & Co KG, 97647 Sondheim v. d. Rhön
Registered at district court Schweinfurt HRA 8063
Personally liable Company: Hecht GmbH Amtsgericht Schweinfurt HRB 1160
Managing directors: Karl-Heinz Hecht und Thomas Diepholtz
Former editions are no longer valid when a new catalog / a new price list is being published.
1. Prices are excluding packaging ex works without obligation and are subject to possible changes. Those prices will be charged which are valid on the delivery day. Payment has to take place free of expenses for full invoice value net cash, exchange rate fluctuations shall be for the account of the buyer.
2. We reserve the right to make subsequent corrections of errors in price lists, invoices, offers, proforma invoices and telephone conversations etc.
3. Packing takes place very carefully so that we cannot compensate risks of transport and damages, deficit and breakage. We will insure the delivery within Germany (except goods picked-up by consignee) against breakage and the usual risks of transport and an insurance fee will be charged. Insurance has to be arranged by the buyer if the incoterms are EXW, FCA, FOB, CPT, CFR or DAP. Please contact your insurance company! Assistants have to be made available to the truck driver and goods have to be taken over immediately.
4. Claims have to be made (also for deliveries insured by us) within 3 days of arrival of goods at destination – in written form – by supplying an official damage report signed by the post office, the forwarder or truck driver at delivery. Subsequently incoming claims without signed report will not be accepted. A potential warranty from our side covers only a replacement delivery for goods that were verifiably delivered by us with defects or a redemption of such goods for credit note. Customer-specific items and special fabrication will not be taken back. Goods which are not manufactured by us or raw materials etc. are subject to the warranty of our sub supplier. Return of goods may only take place after our approval. We reserve the right to reduce the value of the credit note by the costs which may arise. Goods must be returned freight prepaid. A possible damage during transport is for the customer’s account. We request you to not carry out, on no account, an immediate deduction of the invoice amount.
5. All goods are subject to the technically unavoidable tolerances, especially with regard to dimensions, content, color, design, quantity etc. (particularly custom-made products). We request you to send samples or repairs only in a carefully cleaned condition – for hygienic reasons and in order to avoid danger of infection. We assume no liability for sent in samples, drafts or order documentation. In general, design modifications as well as deviations from our or sent in illustrations are subject to change. The statement of a product in our catalog does not commit us to deliver; especially odd lots, which do not allow any efficient serial production. We reserve the right to make changes concerning the design, type of packaging etc. of the items described in the catalog.
6. We preferably try to meet the delivery date, but cannot accept an obligation.
7. Our representatives are not entitled to receive payments for us, unless they can show a written power of attorney for collection.
8. We request unknown buyers to give references; cash on delivery or delivery against advance payment reserved.
9. Delay of payment and the release of details, which make the reliability of the buyer appear ambiguous, entitle us to withdraw from all delivery obligations. In the case of exceeding the period allowed for payment, we are entitled to debit standard banking interest on the invoice value.
10. The goods remain our property until payment is made in full. We also claim title retention if arrears from other invoices do exist.
11. Force majeure (wars, strikes, riots, malfunctions in production and government interventions etc.) absolves us from all delivery obligations, even though delivery is promised or has already taken place partially. Delivery possibility is generally subject to change.
12. We grant half of the usual distributor discount for orders that are directly delivered to the end user, also for low value deliveries.
13. Place of performance for both delivery and payment is Sondheim v. d. Rhön.
14. Any legal case arising from this contract shall be heard in Bad Neustadt a. d. Saale, branch office Mellrichstadt. Disputes are judged exclusively under German law. The provisions of the uniform law on the international sale of goods are excluded.
15. All incoming orders are considered to be placed based on above-mentioned conditions. In the case these conditions shall be held entirely or partly invalid, the efficiency of the other conditions in total is not affected thereby.