GTC (June 2011) - Härterei Reese Bochum GmbH

4. Formation and content of the contract /
Guarantee / Acceptance
4.1
Our quotes are non-binding unless they are
expressly described as binding or contain
binding commitments. They are invitations to
treat. A contract does not come into existence
- even in the case of ongoing business -
until we confirm the customer’s order in writing
or text form (i.e. including by fax or email).
In the case of immediate delivery, our
confirmation can be replaced by our invoice.
4.2
The content of the contract is dependent on
our order confirmation.
4.3
The required heat treatment is carried out
once the order has been placed in accordance
with the provisions of 4.7 as a service
with the necessary care and using appropriate
means. A specific result of heat treatment,
e.g. in the form of the absence of deformities
and cracks, surface hardness,
hardness penetration, continuous hardening,
galvanisability and the like, is not guaranteed
because of potential differences in the hardenability
of the material used, hidden defects,
unfavourable shaping or any changes
which may have occurred in the preceding
stage of the work.
4.4
All agreements, side agreements, warranties
and changes to the contract must be in writing.
This also applies to the removal of the
requirement for the written form itself. Verbal
changes or additions to the contract are not
valid. The precedence of an individual
agreement (Art. 305 b BGB) remains unchanged.
4.5
In the case of call-off orders or delays in acceptance
for reasons attributable to the customer,
we are entitled to manufacture the
whole order quantity/carry out all the work to
which the order relates immediately. Therefore
any changes required by the customer
can no longer be taken into account once the
order has been placed, unless specifically
agreed in writing.
4.6
The customer shall notify us in writing in
good time prior to entering into the contract of
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any special requirements with regard to our
products.
4.7
All workpieces which are handed over for
heat treatment must be accompanied by an
order or a delivery note containing the following
information:
a) description, number of units, net weight,
value of the parts and nature of the packaging;
b) material quality (standard designation and
steel grade and steel manufacturer);
c) the desired heat treatment, particularly:
aa) in the case of carburising steels pursuant
to DIN 6773, either the required carburisation
depth with carbon content limit (e.g. carburisation
depth 0.35 = 0.8 + 0.4 mm) or the
prescribed carburisation hardening depth
with reference hardness value and surface
hardness (e.g. carburisation hardening depth
550 HV1 = 0.2 – 0.4 mm, surface hardness =
at least 700 HV5);
bb) in the case of heat-treated steels, the
required tensile strength. The Brinell ball
impression test at the surface shall be conclusive
for the purpose of ascertaining the
tensile strength, unless otherwise agreed;
cc) in the case of steels for tools and highspeed
steels, the desired level of hardness
according to Rockwell or Vickers;
dd) in the case of nitriding steels, the desired
nitriding hardness depth;
ee) in the case of induction hardening and
flame hardening, the desired surface hardness
depth, with reference hardness value
and surface hardness and the position of the
region to be hardened;
ff) in the case of salt bath nitrocarburising
and gas-short-time-nitriding, either the duration
of the treatment or the desired strength
of the joining zone;
d) details of the desired test procedure, the
test facility and the test load (see DIN test
standards);
e) any additional information or requirements
necessary for the success of the treatment
(see DIN 6773, DIN EN 10 052, DIN 17021,
DIN 17023). When partial hardening is required,
drawings must be attached showing
which areas must become hard and which
must remain soft. If similar workpieces are
produced from different molten steels, this
must be stated. Likewise, any particular requirements
relating to dimensional accuracy
or the surface condition must be noted on the
delivery documents. The customer must in
particular point out any welded or soldered