Version: 27th March 2012
I. Area of Application
As far as not explicitly specified otherwise in writing, these sales terms and delivery conditions of Hansgrohe SE apply for all quotations, sales agreements, orders and deliveries which Hansgrohe executes for purchasers. They also apply for future business relationships, even if not again explicitly agreed to. Any deviating general terms and conditions of the purchaser will not be accepted even if they were not explicitly objected against.
II. Contract conclusion
1. Quotations from Hansgrohe are subject to change if they were not expressly specified as binding in the quotation text. The contract has only been concluded once Hansgrohe confirms the order in writing to the purchaser.
2. Hansgrohe will only grant warranty if this has been expressly agreed to in the order confirmation or in advertising messages.
3. Documentation which was handed over by Hansgrohe during the contract initiation, such as images and drawings, and technical statements which were made by Hansgrohe are decisive; any technical changes or technical improvements or construction changes are authorized if they are reasonable for the purchaser.
III. Scope of Delivery, Transportation and Passing of Risk
1. Delivery ex works is agreed to in principle. The risk passes to the purchaser at the latest with the shipment of the delivery item from the plant or shipping point. If the shipping is postponed due to the purchaser’s behaviour or due to a circumstance outside of Hansgrohe’s control, the risk passes to the purchaser with the notification of readiness for despatch.
2. Unless agreed to otherwise, the purchaser must conclude a transportation insurance at its costs on the basis of the general transportation insurance conditions which covers the risk of transports of the goods which are included in the contract from the shipping point to the agreed destination point.
3. In the case of agreement of commercial terms, Incoterms apply in their respective valid version. The scope of the delivery is specified in the order confirmation.
IV. Delivery Term and Force Majeure
1. Delivery terms which are not expressly specified as binding are non-binding. Delivery terms start at the earliest once all documentation which is required for the content determination of the order has been received if the purchaser must obtain these documents according to the contract, and upon receipt of the down-payment. A delivery term is considered as being kept if the shipment has been sent or if readiness of the delivery has been notified within the term.
2. Delivery terms extend by the duration of the business disruption if circumstances occur which are not the responsibility of Hansgrohe and which significantly influence the manufacturing or delivery of the object, especially in the case of labour disputes and other circumstances which affect Hansgrohe or sub-suppliers (business disruption without own fault). If a required adjustment of the contract due to business disruption without own fault is not possible, Hansgrohe shall be relieved of its performance obligation.
3. If the delivery term is extended due to the aforementioned circumstances or if Hansgrohe is relieved from its delivery obligation, the purchaser is not entitled to any liability claims against Hansgrohe. Hansgrohe is also not liable for any business disruptions without fault if they occur during the delay. Hansgrohe is obligated to inform the purchaser of the occurrence of any of the aforementioned circumstances.