HENTZEN GmbH General Business Conditions 1. Acceptance of ...

HENTZEN GmbH
1. Acceptance of Tender
General Business Conditions
Once the order has been placed all our business conditions are deemed as accepted by the customer
for each order. The incorporation of other general business conditions, in particular any which are
incompatible with our general business conditions, are hereby explicitly rejected. We reserve the right
to make technical changes and vary both size and models. A large part of our glass articles is
produced traditionally by hand. Variations in form and colour as well as pockets of air are
characteristic features of mouth-blown articles and should not be regarded as faults or constitute
grounds for complaint.
Should a bottleneck arise in our delivery schedule we shall offer similar alternative articles, in
agreement with our customer, within the scope of the previously agreed price. We shall not be liable
for stoppages in production by our suppliers.
The prices quoted in our tenders, price lists, catalogues and other announcements are without
engagement. The contract shall become valid only once it has received our confirmation or delivery
has been effected. The customer shall be liable for payment of the order (invoice).
2. Completion of Contract and Prices.
Our prices are invoiced in Euros, excluding packing, transport, insurance and statutory value added
tax.(Switzerland - our prices are invoiced in Swiss Francs, excluding packing, transport, insurance,
Swiss custom's duty and Swiss import VAT).
The prices quoted in our tenders, price lists, catalogues and other announcements are without
engagement. The contract shall become valid only once it has received our confirmation or delivery
has been effected.
In the case of silver articles we reserve the right to invoice an appropriate surcharge on our tenders,
price lists and other announcements when the daily rate exceeds the basis for calculation. Prices are
only binding once the contract has been confirmed.
VAT shall be due and payable at the statutory rate on submission of account.
3. Surcharge for Small Quantities.
For orders below 80 Euros (CHF 200) we are obliged to make an additional charge of 10 Euros (CHF
25)
4. Delivery
In all cases of force majeure we shall be released from our obligation to deliver the consignment. We
do not assume liability for faults or delays caused by our suppliers.
5. Damage
In case of damage caused, you are required to retain the packing for purposes of clarification.
Otherwise all insurance coverage expires.
6. Transfer of Risk
Risk is always transferred to the customer once the consignment has left our warehouse.
7. Dispatch and Transport Insurance
Dispatch costs are for the account of the customer. Additional charge is made in respect of express
and foreign deliveries.
We insure all deliveries until they have reached the customer. Costs for transport insurance coverage
are for the account of the customer. If the consignment specified in the invoice or otherwise
communicated does not arrive, the customer must inform us immediately.

8. Deficiency Claims and Liability for Defects
Claims by customers must be made in writing immediately or within 8 days at the latest following the
arrival of the articles at their destination. Complaints received later will not be recognised.
If there is a defect we shall repair or replace same at our discretion. A cancellation claim or claim to
reduce the purchase price can only be instituted by the customer if repair or replacement is not
possible
Engraved or damaged articles cannot be exchanged.
The company of Hentzen does not assume any liability if, as a result of faulty engraving of articles,
they are no longer effective for publicity purposes.
9. Conditions of Payment
Our accounts are to be paid within 10 days at a discount of 2% or within 30 days net. (Switzerland -
payments in Swiss Francs are to be made at the UBS-Bank in Zürich)
If payment is made after the date due, interest on arrears at 3% points above the current base rate of
the ECB shall be charged.
Where new customers are concerned we reserve the right to demand advance payment or cash on
delivery.
10. Retention of Title
Until complete payment for all delivered articles deriving from our business transaction has been
effected, including new and subsidiary claims, we shall retain title of ownership on the articles. In the
case of payment per account, retention of title serves as security for the claim deriving from the
balance. The buyer is entitled to alienate the privileged articles only in the ordinary course of business
to the extent that he is not in default of payment. He is not permitted to pledge the articles or assign
ownership as security without our written approval. Should the customers´ articles be pledged or
confiscated, he is obliged to inform us immediately and provide us with the necessary documents to
enable us to intervene in the matter as well as oppose the pledging or confiscation of the articles, with
reference to our rights as suppliers.
The buyer must insure the articles under retention of title. Insurance claims resulting from
compensation for damage are to be assigned to the seller.
11. Costs of Return in the Case of Cancellation
If the customer is the consumer and avails himself of his statutory right of cancellation he must
assume the costs for the return of the articles if the articles conform to those ordered and the cost of
the returned article does not exceed 40 Euros (CHF 100) or the customer at the time of cancellation
has not paid for a more expensive article or made a contractually agreed part-payment.
12. Applicable Legislation, Place of Fulfilment and Jurisdiction
The contract is subject to the law governing the Federal Republic of Germany. The place of fulfilment
is Grünwald and Taufkirchen. The place of jurisdiction is Munich. This agreement on the place of
litigation also applies to claims instituted by us against a customer by way of summary proceedings for
recovery of debt, in accordance with §§688 f ZPO.
Advice on Cancellation
Right of Cancellation
You may cancel your declaration of contract in writing ( e.g. by letter, fax, e-mail ) within two weeks
without specifying reasons, or , in the event of the article being already in your possession prior to
deadline, by returning same. The time-limit commences on written receipt of this advice, but not before
the article has been received by the customer (or, in the case of recurring deliveries of similar articles,
not before the arrival of the first part delivery) and not before fulfilment of our commitments to provide
advice in accordance with §312 c BGB in conjunction with § 1 sub-sect. 1, 2 and 4 BGB-Info V and our

commitments in accordance with § 312 e sub-sect.1 sentence. 1 in conjunction with § 3 BGB- Info V.
The time-limit for cancellation is complied with once the cancellation has been sent in good time or the
article returned.
Cancellation of Order is to be sent to:
Hentzen GmbH,
Bergstraße 12 D-82024 Taufkirchen
E-mail: info@hentzen.de
Fax: +49 89/6 49 30 64
Consequences of Cancellation
In the event of an effective cancellation both parties are enjoined to return services rendered and, if
applicable, refund profits derived therefrom (e.g. interest). If you are completely or partly unable to
return such services rendered, or only in a poorer condition, you are obliged to provide us with
compensation corresponding to the value involved. In the case of entrusted articles this does not apply
if the deterioration is due exclusively to the article's quality test as may occur in the shop or store.
Furthermore, you can avoid the obligation to render compensation for any deterioration of the article,
always assuming it is used for the purpose intended, if you do not regard it as your own property and
refrain from anything which may detract from its value. Articles which can be returned in parcels are
sent at our risk. You are required to assume costs for reconsignment if the articles delivered are in
keeping with those ordered and the price does not exceed 40 Euros or if, at the time of cancellation,
you had not met your financial commitments in respect of a more expensive article or part-payment
had not been agreed. If this does not apply, the costs of reconsignment are for our account. We shall
provide a pick-up service for articles which cannot be sent by post. Refund of charges must be made
within 30 days. This period begins on the date you send your declaration of cancellation or on the date
we receive the article.
Special Notice
Your right of cancellation of services will expire prematurely if your partner, with your explicit approval,
has initiated services before the period set for cancellation or in the event that you, personally, have
implemented the performance of such services.
End of Advice on Cancellation
Taufkirchen, January 2010
Articles marked * are residue of stock which, as a rule, cannot be reordered. We do not assume
liability for misprints. Reprints from the catalogue, including extracts, require the explicit
approval of Hentzen GmbH.