HUSS Umwelttechnik GmbH

34
Conditions générales
(3) Disposal and Advance Assignment
The customer shall have the right to dispose the goods under our reservation of ownership
only in the normal course of business and only as long as he shall not be in delay with all
our claims. The customer assigns already now to us his claims resulting from re-disposal
of the goods under reservation in order to secure all our claims resulting from our business
relation. We herewith accept this assignment. Should the goods under reservation be sold
by the customer together with other goods not belonging to us or with joint ownership
rights, the claim coming from the re-disposal shall be considered to be assigned to us only
in the amount of the value of our goods under reservation. The value of the goods under
reservation shall be calculated according to our invoiced value. The customer shall be
entitled to collect the claims assigned to us and resulting from re-disposal until revoked by
us.
(4) Jeopardizing of the Right of Ownership
During the existence of the reservation of ownership the customer must not mortgage the
goods or transfer them as prevention. The customer has to inform us immediately in writing
in case of mortgage, seizure or other disposals or interventions of third parties, especially in
the course of compulsory enforcement.
(5) Return Duty
If the customer is fully or partly in delay with the settlement of our claims, we shall be
entitled to demand back at any time the goods under reservation and to dispose of them
otherwise, such as to retain deliveries not yet executed, even if we have not withdrawn
from contract. A further reminder or a new deadline shall not be necessary in that case.
Claims of reservation of ownership by us must not be considered as withdrawal from the
contract.
(6) Release from Safeguarding
If the value of the safeguarding to which we are entitled to exceeds the invoice account of
more than 20 %, we shall be obliged - upon demand of the customer - to release exceeding
safeguarding at our choice, however, with the obligation that, excepted deliveries in real
current invoices ratio, the release must only be granted for such deliveries or their substitute
values which have been fully paid.
IX. Defects of Quality
(1) Details of Nature
The nature of the product to be supplied by us is definitely described by the contents of the
written or electronic documents of our offer and / or our catalogues, CDs', or other data
carrier. Unless otherwise agreed upon in writing, the utilization resulting from our offer
shall be considered to be the only contents of our contract.
(2) Customer's Duty of Examination and of Rebuke
The customer shall be obliged to examine our products immediately after receipt and to
inform us in writing and within two weeks after delivery about any visible defect. Defaults
which could not be found within this delay even after most thorough examination, have
to be announced to us in writing immediately, but not later than two weeks, after they
have been recognized. If the customer does not give us in time a notice of default, our
delivery shall be considered to be carried out in accordance with the contract and free from
defaults.
(3) Insignificant Defaults
The right of claim due to defaults does not exist in case of insignificant divergence to the
nature agreed, unimportant reduction of usability, natural wear or damages coming up after
the transfer of risk due to faulty, improper or negligent treatment, excessive strain, unsuitable
accessories, chemical, electro-chemical, electronic or electric influences, exchange materials,
poor constructional works or other, particular influences from outside which are not
presupposed according to the contract, such as in case of non reproducible defaults in
software.
Should the customer or third parties carry out improper modifications, mountings, putting
into service or repair works, no right of claim shall exist therefore and for the resulting
consequences.
As to outside products, our liability is restricted to the assignment of the relevant claims
to which we are entitled to against the supplier of the outside products.
The customer must not refuse to accept deliveries due to unimportant defaults.
(4) Liability for Defects of Quality
Our products or performances shall be reworked or supplied later at our choice and free of
charge, if a defect of quality comes up within the limitation period, if the reason for the
default existed already at the time of the passage of risk which has to be proved and shown
by the customer. An appropriate delay has to be granted to us for reworking. If we fail more
than three times in trying to rework, the customer shall have the right to withdraw from
the contract or to reduce the purchase price. Eventual claims for compensation shall not be
affected hereby.
(5) Deadline of Liability
Defects of quality shall be in lapse after 12 months. This shall not apply as far as the law
sets different deadlines acc. to § 438 Abs. 1 Nr. 2 (buildings and objects for buildings), §
479 Abs. 1 (right to revert) and § 634a Abs. 1 Nr. 2 (defaults in construction) BGB, such as
in cases of infringement of life, body or health, in case of intentional or gross breach of duty
by us and in case of crafty withholding of a default. Legal stipulations as to hindering of
course, hindering and new start of deadlines shall not be affected hereby.
(6) Refund of Expenditures
Claim of the purchaser as to expenditures necessary for re-performance, especially costs for
transport, toll, labour and material, are excluded if such expenditures are increased because
the object of delivery has been taken later to a place different from the subsidiary of the
purchaser.
(7) Exclusion of Rights of Reversion
Claims of reversion of the customer towards us according to § 478 BGB shall only exist if
the customer has not made with his purchaser agreements passing over the legal claims of
default and / or if no equal regulation of compensation exists between the customer and us
in the sense of § 478 BGB.
(8) Return of Faulty Products
In case the customer has justified claims of liability, we shall decide whether he has to
return to us the faulty products free of charge or if they are kept ready at his place for
examination and checking of the defaults.
(9) Other Compensations
Incidentally, § XI (other claims for compensation) of present Terms of Sale shall be
valid. Further claims or claims differing from below § XI towards us and our assistants
of performance due to defects of quality are excluded.
X. Legal Defaults, Commercial Protective Rights, Copyrights
(1) Foreign Protective Rights
Unless otherwise agreed, we shall be obliged to a delivery free from commercial protective
rights and from copyrights of third parties (hereafter referred to as "protective rights")
only within Germany. If a third party claims towards the customer due to infringement
of protective rights caused by deliveries made by us and used according to the contract,
we shall be liable towards the customer within the deadline fixed in § IX Nr. 5 as follows:
a. We shall either choose to get an usufruct for the deliveries in question - at our
expenses - or modify our deliveries so that they will no longer infringe the protective
right, or change the deliveries. Should we be unable to do so under appropriate conditions,
the customer shall be entitled to legal withdrawal or reduction.
b. Our duty of eventual compensation shall comply with § XI of present Terms of Sale.
c. Our before-mentioned duties do only exist if the customer informs us immediately
and in writing about the claims made by third parties, if he does not accept an
infringement and if we reserve all measures of defence and settlement negotiations.
(2) Responsibility of the Customer
Any claim of the customer shall be excluded as far as he is responsible for the infringement
of protective rights.
(3) Other Exclusions
Claims of the customer shall be excluded as far as the infringement of protective rights
is caused by special indications of the customer, by applications not foreseeable by us
or if the delivery has been modified by the customer or is used together with products
not supplied by us.
(4) Other Legal Defaults
For any other legal defaults, the stipulations of § IX shall be correspondingly applied.
(5) Exclusion of Further Claims
Further claims or claims differing from those in § X and § XI made by the customer
towards us or towards our assistants in performance due to legal defaults are excluded.
XI. Other Claims for Compensation
(1) Exclusion of Liability
Claims for compensation and for expenditures of the customer, for whatsoever legal
reason, in particular due to the infringement of duties resulting from the relation of
debt and from illegal actions, are herewith excluded.
(2) Compelling Liability
This shall not be valid in case of compelling liability, e.g. in accordance with the law on
product liability, in cases of intent, gross negligence, infringement of life, body or
health, infringement of essential contractual duties or the take over of guarantees.
However, claims for compensation and for expenditures further to the infringement of
essential contractual duties are limited to typical contractual and foreseeable damages,
unless intent or gross negligence exists or unless liability is taken due to the infringement
of life, body or health. A modification of the onus at the customer's disadvantage is not
associated with before-mentioned regulations.
(3) Lapse
Claims for compensation of the customer acc. to § XI shall be in lapse upon expiration
of the lapse valid for claims as to defects of quality according § IX no. 5. As to claims
for compensation according to law on product liability, the legal regulations of lapse
shall be valid.
XII. Contractual Guarantee
(1) Guarantee of Nature and of Durability
An agreement on guarantee of the nature and durability of our products is only be
possible in written form and with a separate certificate.
(2) Description of Products in Printed Matters and Publicity
Any contents of our offer material and other printed matters such as on our data carriers
represent only a product description and do not comprise an offer for the conclusion of
a liability contract. The same is valid for the contents of our publicity.
XIII. Others
(1) Withdrawal by the Customer
The legal right of withdrawal of the customer does not assume any fault in case of an
existing default of the delivery. In all other cases, the customer shall only have the
right of withdrawal if a breach of duty caused by us exists.
(2) Data Protection
We herewith point out that we shall, for business purposes, process and transfer customerrelated
personal data by IT and in accordance with the regulations of the data protection
law.
XIV. Place of Contractual Fulfilment, Venue and Applicable Law
(1) Place of Contractual Fulfilment
The place of fulfilment of mutually owed contractual performances shall be Nuremberg.
(2) Venue
Nuremberg shall be the sole venue for any disputes arising directly or indirectly from
the contract. However, we shall also be entitled to start legal proceedings at the
customer's headquarters.
(3) Applicable Law
The law of the Federal Republic of Germany shall be applicable for the legal relations
between us and the customer, excluding the Treaty of the United Nations on Contracts
concerning the International Sale of Goods.
HUSS Umwelttechnik GmbH
Nordostpark 74/76
90411 Nürnberg
Tel.: +49-911-65657-0
Fax: +49-911-65657-22
http://www.huss-umwelt.com
Stand 01.01.2004
German general Terms and Conditions apply.