Terms and conditions

 

1. Scope of Terms and Conditions

The following General Terms and Condi­tions apply to all orders placed with Hensing GmbH. By placing an order, you guarantee that you are a tradesman or freelancer and not a consumer as defined by § 13 BGB.

A trader or freelancer (entre­preneur) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts according to his commercial or independent profes­sional activity.

2 Contract language

The language available for the conclusion of the contract is English.

3. Terms of delivery

Shipping costs are added to the stated product prices. You can find out more about the exact shipping costs in our quotes. You generally have the option of collecting the goods from Hensing GmbH, Guten­berg­straße 34, 48282 Emsdetten, Germany during the following business hours: Monday to Friday from 9:00 am to 3:00 pm except on public holidays. Please inform us ahead of time so that we can prepare the goods for you.

4. Payment

Please pay 50 % on placing the order, 50 % on delivery/ability to deliver.

Payments with full discharge of debtor can only be made to Hensing GmbH under the following bank details:

Sparkasse Emsdetten-Ochtrup — IBAN: DE82 4015 3768 0000 2011 08 | BIC: WELADED1EMS
Deutsche Bank – IBAN: DE40 4007 0024 0212 5003 00 | BIC: DEUTDEDB400
Sparkasse Bochum —  IBAN: DE61 4305 0001 0020 4176 89 | BIC: WELADED1BOC

5. Retention of title

The goods remain our property until full payment has been received.

We retain title to the goods until all claims arising from an ongoing business relati­onship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale — irrespective of any combi­nation or mixing of the goods subject to retention of title with a new item — in the amount of the invoice amount, and we accept this assignment. You remain autho­rised to collect the claims, but we may also collect claims ourselves insofar as you do not meet your payment obligations.

6. Damages in transit

The risk of accidental perishing and accidental deterio­ration shall pass to you as soon as we have delivered the goods to the forwarding agent, the carrier or any other person or insti­tution designated to carry out the shipment. As for merchants, the obligation to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give notice of any issues as regulated in the code, the goods shall be deemed to have been approved, unless the defect could not have been ecognised during the inspection. This does not apply if we have fraudu­lently concealed a defect.

7 Warranty and guarantees

The limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.

Only our own speci­fi­ca­tions and the manufacturer’s product descrip­tions included in the contract shall be deemed to be an agreement on the quality of the goods; we shall not accept any liability for public state­ments made by the manufac­turer or other adver­tising statements.

If the delivered item should be defective, we shall initially provide warranty at our discretion by recti­fying the defect (subse­quent repair) or by delivering an item free of defects (repla­cement delivery).

The afore­men­tioned restric­tions and reduc­tions of time limits shall not apply to claims based on damages caused by us, our legal repre­sen­ta­tives or vicarious agents

• in the event of injury to life, body or health,
• in case of inten­tional or grossly negligent breach of duty as well as fraudulent intent,
• in the event of a breach of essential contractual obliga­tions, the fulfilment of which is a prere­quisite for the proper perfor­mance of the contract and on the obser­vance of which the contractual partner may rely upon (cardinal obligations),
• within the scope of a guarantee promise,
• insofar as agreed upon within the scope of appli­cation of the Product Liability Act.

Infor­mation on any additional guarantees that may apply and their precise condi­tions can be found with the product and on our infor­mation pages at the address https://www.hensing-get-it.com/.

Customer service: You can reach us for questions, complaints and objec­tions on weekdays from 8:30 a.m. to 5:00 p.m. under the telephone number 02572–96230-505 as well as by e‑mail under support@automatisch-dh.de.

In the time after 6:00 p.m., the support services of Hensing GmbH will be provided at a charge. Billing is based on time and effort and typically amounts to no less than 60 € per case.

8 Liability

For claims based on damage caused by us, our legal repre­sen­ta­tives or vicarious agents, we shall always be liable without limitation

• in the event of injury to life, body or health,
• in the event of inten­tional or grossly negligent breach of duty,
• in the case of warranty promises, insofar as agreed upon, or
• within as the scope of appli­cation of the Product Liability Act.

In the event of a breach of material contractual obliga­tions, the fulfilment of which is a prere­quisite for the proper perfor­mance of the contract and on the obser­vance of which the contractual partner may regularly rely (cardinal obliga­tions) due to slight negli­gence on our part, on the part of our legal repre­sen­ta­tives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occur­rence of which must typically be expected. Otherwise, claims for damages are excluded.

9 Accep­tance

• The buyer is obliged to accept the object of purchase within 14 days of receipt of the notifi­cation of availability.
• In the event of non-accep­tance, the seller may exercise his statutory rights. If the seller claims damages, these shall amount to 15% of the purchase price. The amount of damages shall be higher or lower if the seller proves higher damages or the buyer proves that lower damages or no damages at all have been incurred.

10. Final provisions

German law shall apply to the exclusion of the UN Convention on Contracts for the Inter­na­tional Sale of Goods.

If you are a merchant within the definition of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of juris­diction for all disputes arising from contractual relati­onships between us and yourself shall be our regis­tered office.

Last updated: November 2020