General Terms and Conditions

§ 1 General, scope of application
(1) Our General Terms and Conditions form the basis of all offers, deliveries and other services. They are an integral part of all contracts that we conclude with our customers (hereinafter referred to as ‘Customer’ or ‘Customers’) for the deliveries and services offered by us. They shall also apply to all future offers, deliveries or services, even if they are not separately agreed again.
(2) Our General Terms and Conditions shall apply exclusively, i.e. deviating terms and conditions of the Customer or terms and conditions not contained in our General Terms and Conditions shall not be recognised unless we have expressly agreed to their validity in writing. Counter-confirmations by the customer with reference to his terms and conditions of business or purchase shall not be valid. Even if we refer to a letter that contains or refers to the terms and conditions of the customer or a third party, this shall not constitute any agreement to the validity of those terms and conditions. The above requirement of consent shall also apply if we carry out the delivery to the customer without reservation in the knowledge of the customer's terms and conditions.
(3) All agreements made between us and the customer for the purpose of executing this contract are set out in writing in the contract in which these General Terms and Conditions are included. Subsequent amendments or additions to the contract must also be recorded in writing or in text form.
(4) A consumer within the meaning of these Terms and Conditions is any natural person with whom a legal transaction is concluded for a purpose that cannot be attributed to either their commercial or independent professional activity. Entrepreneurs within the meaning of these Terms and Conditions are natural or legal persons or partnerships with legal capacity with whom business relationships are entered into and who act in the exercise of their commercial or independent professional activity. Customers within the meaning of these terms and conditions are, unless otherwise stated, both consumers and entrepreneurs
 
§ 2 Offer and conclusion of contract
(1) Our offers are subject to change and non-binding. We can accept orders or commissions within fourteen days of receipt. Acceptance shall be effected by our written or text confirmation or implied by the delivery or provision of the service.
(2) Orders can also be placed electronically (mobile application, website, etc.), provided that the customer has access data legitimised by us and based on his customer relationship (customer number). The customer is obliged to store these access data securely and to protect them from unauthorised access by third parties or unauthorised employees. By using the shop set up by us and the access data, the customer confirms that he is also the legal representative of the customer.
(3) If the customer places the order electronically, this shall in principle constitute a binding application to purchase the selected goods. The customer can change and view the data at any time before submitting the order. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the ‘Accept terms and conditions’ button and has thereby included them in his application. If the valid unit price of the ordered goods and the total price of the order are not expressly listed and marked as binding, the electronic order is merely a non-binding application by the customer; this application only becomes binding if the customer does not object to the order confirmation described in the following paragraph, which then also contains the prices and delivery conditions, in writing or by email within a period of 3 working days.
(4) In any case, we shall send the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the ‘Print’ function. The automatic confirmation of receipt merely documents that the customer's order has been received by the supplier and does not constitute acceptance of the application. The contract is only concluded when our declaration of acceptance is submitted, which is sent in a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection regulations.
(5) We reserve the right to make technical changes as well as changes in shape, colour and/or weight within the scope of what is reasonable for the customer, unless the usability for the contractually intended purpose requires exact conformity.
(6) The information, drawings, illustrations and performance descriptions contained in the documents belonging to the offer - also in electronic form - are only approximate values customary in the industry, unless they have been expressly marked as binding in the order confirmation and unless the usability for the contractually intended purpose requires exact conformity.
(7) If quantities are communicated or ordered in the form of area specifications, the conversion shall be carried out by us according to empirical values. In such cases, excess or short deliveries of up to 10 % are possible, insofar as these are customary in the industry and insofar as the usability for the contractually intended purpose does not require an exact match. The same applies to customised products.
(8) In the case of sales according to samples, these only guarantee a professional sample conformity, whereby assurances of any suitability for use are not assumed. We therefore reserve the right to deviations customary in the industry in the case of sale by sample.
(9) In case of doubt, product properties are not deemed to be a guarantee; in case of doubt, product properties are only guaranteed if a corresponding written agreement has been made.
(10) In the case of coloured plasters and paints and their subsequent deliveries, there may be differences between the colour sample produced in the laboratory, the relevant colour chart or the digital facade configurator and the ordered production delivery. These colour deviations can be caused by surface structure, incidence of light, grain sizes, raw material fluctuations, weather and temperature conditions, processing and other causes. Before processing of the material, the colour shade of each production delivery must be checked on site on a test surface (approx. 1 m²) and in dry condition with the colour sample/colour chart. When placing an order, we must also be informed that this is a repeat order that this is a repeat order so that we have the opportunity to adjust the colour shade to the construction site. Claims for compensation due to colour deviations colour deviations in the event of a breach of these inspection and notification obligations, shall be asserted after processing has begun or been completed, taking into account the 8 Warranty and 9 Liability.
(11) Agreed delivery and performance deadlines are always only approximate, unless a fixed deadline or a fixed date has been expressly promised or agreed. We may - without prejudice to our rights arising from a delay on the part of the customer - demand an extension of delivery and performance deadlines from the customer by the period in which the customer does not fulfil his contractual obligations to provide documents, approvals and other specifications of all details of the desired design and all technical issues.
(12) Any agreed delivery or performance deadlines shall be extended appropriately - even within a delay - in the event of force majeure and in the event of all unforeseeable obstacles not known to us at the time of conclusion of the contract for which we are not responsible, insofar as such obstacles can be proven to have an influence on the provision of the service owed (e.g. operational disruptions of all kinds, difficulties with the fulfilment of the contract). e.g. operational disruptions of all kinds, difficulties in procuring materials and energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining official permits and official measures). This shall also apply in the event of non-delivery, incorrect or untimely delivery by our suppliers; in the case of customers who are consumers, however, only if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in the individual case. We shall inform the customer immediately of the non-availability of the service. In the event of hindrances of a temporary duration, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If the hindrance lasts longer than three months or it is certain that it will last longer than three months, both we and the customer may withdraw from the contract; any services and counter-performances already rendered will be reimbursed.
(13) The occurrence of our delay in delivery is determined by the statutory provisions. If we are in default with the delivery or service due to simple negligence, our liability for damages due to the delay in delivery/service, which can be claimed in addition to the delivery/service, is limited to 0.75% of the delivery or service value (net price) of the delayed delivery/service for each completed week of delay, but a maximum of 5% of the delivery or service value (net price) of the delayed delivery/service. If the customer claims damages instead of delivery/service in these cases, this claim for damages is limited to 50% of the delivery or service value of the delayed delivery/service. The liability limitations according to the above sentences 1 and 2 do not apply to a fixed-term transaction and, moreover, only within the limits of § 9.
 
§ 3 Application-related information and advice
(1) Technical information and application-related statements/advice on our products, which we provide verbally and in writing to support the customer or processor, are based on the latest state of the art, on the basis of the technical data sheets for our products. They are non-binding; they do not establish any contractual rights or ancillary obligations from the purchase contract, unless expressly agreed otherwise. The customer is responsible for checking the suitability of our products and the silo/machine technology for the respective intended use with the necessary care based on the individual property/construction site conditions.
(2) We only provide specific property advice if expressly agreed separately.
 
§ 4 Prices and payment terms
(1) Our prices are non-binding recommended retail prices plus the applicable statutory sales tax.
(2) Our invoice prices are rounded to whole euro cents based on the unit prices.
(3) Unless otherwise stated in the order confirmation or the price list applicable at the time the contract is concluded, our prices are ex works. The purchase price or rental fee for renting silo systems, machines and accessories is based on the respective price list; the purchase price or rental fee does not include statutory sales tax.
(4) Unless otherwise stated in our order confirmation, the purchase price or rental fee is due for payment net (without deduction) within 30 calendar days of the invoice date.
(5) The deduction of discounts requires a special written agreement. The prenotification period for SEPA direct debit is two days.
(6) Set-off or the retention of payments that has the effect of set-off is only permissible due to legal claims of the customer that are recognized by us, are not disputed or have been legally established. The exercise of a right of retention - which does not have the effect of set-off - is only permissible against claims of the customer that are recognized by us, are not disputed or have been legally established. The customer can only exercise a right of retention if his counterclaim is based on the same contractual relationship.
(7) If, after the conclusion of the contract, circumstances become known from which it can be objectively determined that the customer is not able to pay, which puts the fulfillment of the contract at risk (e.g. through an application for the opening of insolvency proceedings), we can revoke any payment terms or deferrals granted with immediate effect and withhold our own services until the customer has made payment or provided security for it or has proven that fulfillment is not actually at risk. In addition, we are entitled to withdraw from the contract in accordance with the statutory provisions on refusal of performance - and if necessary after setting a deadline (Section 321 of the German Civil Code). In the case of contracts for the manufacture of non-fungible items (custom-made items), we can declare withdrawal immediately; the statutory provisions on the dispensability of setting a deadline remain unaffected. Furthermore, if the circumstances listed above occur, we are entitled to terminate the contract with the customer.
(8) We are entitled to initially offset payments made by the customer against the most recent claims, despite any payment instructions to the contrary, if the payments could otherwise become contestable. We will bear the interest disadvantage. The customer will receive a corresponding offsetting notice.
(9) If we allow a customer to settle our claims in calendar-based installments, our respective remaining claim will become due for payment in full at once if the customer falls behind in paying an installment in whole or in part for more than 10 days.
 
§ 5 Delivery and transfer of risk in the event of default in acceptance
(1) The start of the delivery time specified by us is generally subject to the customer's contractual cooperation and requires clarification of all technical questions.
(2) The customer must in particular ensure that there is a drivable, safe access road for vehicles with a permissible total weight of 40 t and, when setting up rental silos, that there is an accident-proof standing area in accordance with the "VDPM practical information: Safe setting up and operation of construction site silos" (publisher: VDPM Association for Insulation Systems, Plaster and Mortar e.V., available at: HASIT memberships) and must also comply with our other delivery conditions. The right to object to non-fulfillment of the contract remains reserved.
(3) If the customer defaults on acceptance or culpably violates other obligations to cooperate or if our delivery is delayed for other reasons for which the buyer is responsible, we are entitled to demand compensation for the damage incurred by us as a result, including any additional expenses (e.g. storage costs). Further claims remain reserved.
(4) If the requirements of Section 5 Paragraph 3 are met, the risk of accidental loss or accidental deterioration of the The purchase item passes to the customer at the time at which the customer is in default of acceptance. The seller is only entitled to make partial deliveries if (I) the partial delivery can be used by the customer for the contractually intended purpose, (II) the delivery of the remaining ordered goods is guaranteed and (III) this does not result in any significant additional expenditure or additional costs for the customer (unless we agree to cover these costs).
 
§ 6 Transfer of risk, packaging costs
(1) The place of performance is our place of business. Unless otherwise stated in the order confirmation, delivery is agreed “ex works” or “ex distribution warehouse”. At the customer’s request and at their expense, the goods will be sent to another destination (sale by dispatch). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
(2) If the customer is a consumer, the risk of accidental loss and accidental deterioration of the item sold only passes to the customer when the item is handed over. This also applies to mail order purchases.
(3) If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods passes to the customer upon handover, or in the case of mail order purchases, upon delivery of the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the shipment or handover is delayed due to a circumstance caused by the customer, the risk passes to the customer from the day on which the delivery item is ready for shipment and we have notified the customer of this.
(4) If the customer so wishes, we will cover the delivery with transport insurance; the customer will bear the costs incurred in this regard.
(5) Transport and all other packaging in accordance with the packaging regulations will not be taken back; they become the property of the customer. This does not apply to Euro pallets and container packaging, provided that they are completely empty, clean and dry. Pallets are invoiced upon delivery; a credit note is issued if they are returned in perfect condition. The customer is obliged to dispose of the packaging at his own expense.
 
§ 7 Machine technology - malfunctions
We provide ready-to-use machine technology in accordance with our contractual obligations. We must be notified immediately if a malfunction occurs. We are not liable for any consequential damage, in particular not for loss of profit as a result of an interruption in operations or failure of the machine technology, unless § 9 states otherwise.
 
§ 8 Warranty
(1) The statutory provisions apply to the customer's rights in the event of material and legal defects (including incorrect and incomplete deliveries), unless otherwise specified in these General Terms and Conditions. In all cases, the special statutory provisions for the final delivery of the items to a consumer remain unaffected.
(2) In the case of a purchase or a contract for the delivery of movable items to be manufactured or produced, which is a commercial transaction for both parties, the customer must carefully inspect the delivered items immediately after delivery. They are deemed to have been approved by the customer with regard to obvious defects or other defects that would have been apparent during an immediate, careful inspection if we do not receive a written complaint of defects within seven working days of delivery. With regard to other defects, the delivered items are deemed to have been approved by the customer if the complaint is not received by us within seven working days of the time at which the defect became apparent; if the defect was already apparent to the customer at an earlier point in time during normal use, this earlier point in time is decisive for the start of the complaint period.
(3) If the customer is an entrepreneur, he must first demand subsequent performance by means of repair; replacement delivery is excluded. However, we are entitled to refuse subsequent performance if this is only possible at disproportionate costs and to choose replacement delivery instead.
(4) If the customer is an entrepreneur, we will initially provide a warranty for defects in the goods by means of subsequent performance or replacement delivery at our discretion.
(5) If subsequent performance fails or if a deadline set by the customer for subsequent performance has expired without success or is dispensable according to the statutory provisions, the customer can generally demand a reduction in the remuneration (reduction) or cancellation of the contract (withdrawal). However, if the defect is only insignificant, the customer has no right of withdrawal.
(6) If the customer chooses to withdraw from the contract due to a legal or material defect after subsequent performance has failed, he is not entitled to any compensation for the defect. If the customer chooses compensation after subsequent performance has failed, the goods remain with the customer at our discretion if this is reasonable for him. Further claims for compensation or reimbursement of wasted expenditure only exist in accordance with § 9.
(7) If the buyer is an entrepreneur, only our product description is generally agreed upon as the quality of the goods. Public statements, recommendations or advertising by us as the manufacturer do not constitute a contractual description of the quality of the goods.
 
§ 9 Liability
(1) Unless otherwise stated in these General Terms and Conditions or the contract, we are liable for breaches of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) We are liable for damages - regardless of the legal basis - in the event of intent and gross negligence. In the event of simple negligence, we are only liable (a) for damages resulting from injury to life, body or health, and (b) for damages resulting from the breach of an essential contractual obligation (an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damage, but not more than 30% of the net invoice value. A higher liability amount must be agreed separately.
(3) The liability limitations resulting from paragraph 2 do not apply if we have concealed a defect or have given a guarantee for the quality of the goods. The same applies to customer claims under the Product Liability Act.
(4) Deviating from Section 438 Paragraph 1 No. 3 of the German Civil Code (BGB), the general limitation period for customers who are entrepreneurs for claims arising from material and legal defects is one year from delivery. This limitation period also applies to contractual and non-contractual claims for damages by the customer that are based on a defect in the goods delivered. The limitation periods of the Product Liability Act remain unaffected in any case. Otherwise, the statutory limitation periods apply exclusively to the customer's claims for damages.
(5) Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.
 
§ 10 Retention of title
(1) In contracts with consumers, we retain title to the goods until the purchase price has been paid in full. While the retention of title exists, the customer may not sell the items or otherwise dispose of the ownership of them. The customer is obliged to inform us immediately of any third-party access to the goods/rented items, for example in the event of seizure or confiscation, as well as any damage, loss or destruction of the goods/rented items. The customer must inform us immediately of any change of ownership of the goods/rented items or of their own change of residence.
(2) In contracts with customers who are entrepreneurs, we retain title to the goods delivered until all - including future - claims (including all ancillary claims, such as exchange costs, financing costs, interest) from the business relationship with the customer have been fully settled. If a current account agreement has been agreed with the customer, the retention of title applies until the recognized current account balance has been paid in full.
(3) The customer is obliged to treat the reserved goods and the rented items with care. If maintenance and inspection work is required, the customer must carry out these regularly at his own expense.
(4) If the customer acts in breach of contract, in particular if payment is delayed or if an obligation under Section 10 Paragraph 3 is violated, we are entitled to withdraw from the contract in accordance with the statutory provisions and to demand the return of the goods due to the retention of title and the withdrawal.
(5) The customer bears all costs that must be incurred, in particular in the context of a third-party objection action to lift a seizure and, if necessary, to replace the delivered items, insofar as they cannot be collected from third parties.
(6) If the customer is an entrepreneur, he is entitled to resell the goods in the ordinary course of business. However, the customer hereby assigns to us the purchase price, work remuneration or other claims (including the recognized balance from a current account agreement or, in the event of insolvency of the customer's business partner, the then existing "causal balance") arising from the resale or further processing or any other legal reason (insurance, tort, loss of ownership due to connection of the delivery item with a property) in relation to the reserved goods in the amount of the gross invoice value against the third-party debtor. We accept the assignment. After the assignment, the customer is revocably authorized to collect the assigned claim for our account in his own name. This collection authorization can be revoked if the customer does not properly meet his payment obligations. In such a case, upon request, the customer must provide us with the information on the assigned claims required for collection, make the relevant documents available and notify the debtor of the assignment. We are entitled to assert the claim ourselves at any time, but will not make use of this right as long as the entrepreneur properly meets his payment obligations.
(7) The processing and treatment of the goods by the customer always takes place in our name and on our behalf. If processing takes place with items that do not belong to us, we acquire joint ownership of the new item in proportion to the objective value of the goods delivered by us and the service provided by us in relation to the other processed items. The same applies if the goods are mixed with other items that do not belong to us.
(8) If the realizable value of the securities exceeds our claims by more than 10%, we will release securities of our choice at the customer's request.
 
§ 11 Offsetting
(1) If the customer is an entrepreneur, we are entitled to offset all claims of the customer against us or against a company affiliated with us within the meaning of §§ 15 ff. AktG, regardless of reciprocity and regardless of when they arose, against claims to which we are entitled against the customer.
(2) If the customer is an entrepreneur, we are entitled to offset all claims to which we are entitled against a company affiliated with the customer within the meaning of §§ 15 ff. AktG, regardless of reciprocity and regardless of when they arose, against claims of the customer against us.
 
§ 12 Place of jurisdiction and place of performance
(1) If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the jurisdiction of the courts at our place of business is agreed for all disputes about the rights and obligations of the contracting parties arising from transactions of any kind - including disputes over bills of exchange and checks - including disputes about the validity of this agreement. The same applies if the customer does not have a general place of jurisdiction in Germany, moves his place of residence or habitual abode out of Germany after the contract has been concluded, or his place of residence or habitual abode is not known at the time the action is brought. However, we are also entitled to sue the customer at his general place of jurisdiction.
(2) The law of the Federal Republic of Germany applies exclusively; the assertion of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) Unless otherwise stated in the order confirmation, our place of business is the place of performance.
(4) Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The provision that is wholly or partially ineffective shall be replaced by a provision that comes as close as possible to the economic success of the ineffective provision.
 
§ 13 Cancellation policy(1) Consumers generally have a statutory right of cancellation when concluding a distance selling contract, which we will inform you about below in accordance with the statutory model. This applies exclusively to consumers who submit orders electronically. A model cancellation form can be found in paragraph (2).

§ 13 Cancellation policy

Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods. To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of an unambiguous declaration (e.g. a letter sent by post, fax or e-mail). You can use the attached model cancellation form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient that you send your notification of exercising your right of cancellation before the cancellation period has expired.
 
Consequences of cancellation
If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the inexpensive standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period. You will bear the direct cost of returning the goods. You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. We provide information about the sample cancellation form in accordance with the statutory provisions as follows:
(2) Sample cancellation form
To HASIT Trockenmörtel GmbH, Landshuter Str. 30, 85356 Freising, Fax: +49 8161 602 – 71046, E-Mail: vertriebsinnendienst@hasit.de
—  I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
— Ordered on (*)/received on (*)
— Name of the consumer(s)
— Address of the consumer(s)
— Signature of the consumer(s) (only if notification is made on paper)
— Date
(*) Delete as appropriate
 
As of March 2024
General terms and conditions of HASIT Trockenmörtel GmbH