Terms and Conditions

HIT Harbor and industrial technology

Terms and conditions of purchase

1. Quotes
1.1. All quotes are to be submitted without any costs and obligations
1.2. All of our drawings, samples, models or any other papers provided for the processing of our requests or the execution of our order must be used for that purpose only. They are to be returned on demand after dealing with our request or after the finalizing of our order.

2. Orders/conclusion of the contract
2.1. Orders or other declarations are only valid when they are submitted in writing or confirmed by us.
2.2. Order confirmations are expected at the latest within 5 days of date of order. As far as content is concerned they have be consistent with our order.
2.3. Should the supplier confirm our order with differing terms and conditions, our silence is only to be taken as agreement if the supplier has not formally recognized our terms and conditions of purchase beyond a reference to his terms and conditions of delivery.
2.4. Regulations in terms and conditions of delivery referring to reservations of proprietary rights or intercompany settlement, do not constitute as deviations from our order and will be accepted by us.

3. Prices
3.1. All prices are fixed, as long as no price adjustment clause or a reservation of rights to change prices has been expressly confirmed by us, and include the remuneration for all the deliveries and services supplied. Packaging will only be paid for if a special fee has been formally agreed upon.
3.2. All agreed prices are valid , as long as it has not been agreed otherwise, for the delivery to the plant or, with general cargo, to the nearest station.

4. Delivery item
4.1. For the content, type and extent of the delivery our order shall prevail.
4.2. Any drawings, descriptions etc. belonging with the order are binding for the supplier. They will need to check them for any discrepancies and inform us in writing as to any discovered or surmised mistakes. The supplier remains solely responsible for these drawings, plans, and calculations, even if they have been approved by us.
4.3. As long as there are no further requirements for the order, the delivery items are to be delivered according to the customary standards and, if applicable, DIN, VDE, VDI, DLGW or similar norms and standards. The delivery items are to produced and equipped, so that, on the day of delivery, they are in accordance with all legal standards valid at the place of delivery. This includes the standards for technical work materials, dangerous substances, accident prevention, emission protection, the protection of the place of work and ergonomics.
4.4. For the calculation of weight, the weights calculated by our check weighman on our own scales will apply. If weighing is not possible, the weight on the way bill will apply, or, if delivery is affected by lorry, the weight as calculated on public scales will apply. If the weighing is not possible, the supplier will have to provide evidence as to the structural weight.

5. Date of delivery
5.1. Agreed delivery dates are binding.
5.2. The day of delivery is the day when the ordered delivery items and the paperwork arrive at the agreed receiving centre.
5.3. The supplier has to notify us immediately as to the reason and the period of delay should a delay of delivery be imminent. Regardless of this, this will cause legal consequences unless the delay can be verifiably put down to an Act of God or labour disturbances not within the responsibility of the supplier.
5.4. If the delay is down to an Act of God or labour disturbances, we can demand either the execution of the order on a later date, without any claims on the side of the supplier, or we can withdraw from the contract after the expiry of an appropriate period of time.
5.5. In the case of disagreements and resulting conflicts in a court of law between the supplier and us, the work will have to be continued without interruption and the agreed delivery dates will need to be adhered to.

6. Packaging, dispatch, acceptance
6.1. The supplier is responsible for the sufficient packaging of delivery items within customary tolerances.
6.2. If a special fee for the packaging has been agreed upon, we retain the rights to return used and valuable packaging material to the supplier’s address against a return debit for the hire charges.
6.3. The dispatch has to be to a place named by us. Deliveries are to be sent using the cheapest method of dispatch and the cheapest freight charges, if we are responsible for the payment of the charges.
6.4. Regardless of the price setting the risk is transferred to us with the handing over of the delivery items at the named place.
6.5. The advice of dispatch is to be handed over at once in triplicate, separate for each place of delivery, on dispatch. Every delivery item will include a neutral packing slip. Our order numbers need to be quoted in the advice of dispatch.
6.6. If there are no dispatch papers available on the arrival of the delivery items or if our order numbers are not listed correctly, all additional costs caused will be charged to the supplier. We also retain the right to refuse acceptance of the delivery items at the expense of the supplier.
6.7. We can refuse acceptance of the delivery items if an Act of God or others circumstances beyond our control, including labour disturbances, make an acceptance impossible. In this case the supplier will have to store the delivery items at their cost and risk.

7. Provision of material
7.1. The supplier is liable for the loss or damage of provided materials. If the material is legally or actually affected we will need to be informed immediately.
7.2. The material provided by us will be processed on our instructions and remain our property at all times. When processed together with material not belonging to us, the rights to the newly produced material remain with us at the ratio of the value of our materials to all the materials used, as well as the expenditure of the supplier for the production. Thus, the supplier is storing the materials for us free of charge. The same is true if our property should disappear through commixture or blending.

8. In-process inspection/final inspection
8.1. We retain the rights to check the quality of the used materials, the measurements and amounts of the produced parts during production and before delivery. We also retain the right to check the compliance with our order at the place of production of the supplier and their suppliers.
8.2. If we reserve the right to a final check of the product through us or an appointed representative, we need to be notified as to the readiness for such a final check in writing 14 days in advance, unless other arrangements have been made. The charges are payable by the supplier.
8.3. If we instruct a final check by a third party, the supplier has to make this check possible without charge and to let us know the result of this check without delay, at the latest together with the freight papers/way bills.
8.4. The in-production inspection and the final check do not absolve the supplier from his fulfillment obligations or warranties according to section 10 below.

9. Invoicing and payment
9.1. Invoices are not included with every delivery, but are to be supplied, separately for each delivery, in triplicate quoting the order number, cost unit number, release order number, date of supply and the point of payment. An agreed VAT/sales tax number has to be displayed separately.
9.2. Payment will be made, unless otherwise agreed, after receipt of the delivery items and the invoice within 14 days with a cash discount of 3% or within 60 days without discount by a payment method of our choice. A delivery made before the due date does not affect the payment date. On payments by promissory note or bills of exchange, we will assume responsibility for any discounts, according to the conditions on the day the bill of exchange was presented, and the resulting tax.

10.Warranty, notification of defects and warranty period
10.1. The supplier assumes the warranty that the delivery items have the contractually guaranteed features, adhere to the recognized technical regulations and there are not faults which reduce or cancel the value or the suitability as far as the usage provided for in the contract is concerned. The supplier is also liable in the case of the violation of rights of any third party through the delivery or usage of the items delivered, especially the violation of commercial property rights.
10.2. Faults, as listed in 10.1., have to be corrected without delay and without charges. Is that not possible, usual or unreasonable, we can demand an immediate delivery of a faultless delivery item, free of charge.
10.3. If the supplier does not comply with his duty on the correction of faults or delivery of replacement goods, or if he refuses the fulfillment of these and is not able to deliver a replacement, we can claim on the legal warranty. In urgent cases we have the right to repair a faulty delivery item or to get a replacement from a different supplier with all charges payable by the supplier.
10.4. Unless otherwise agreed, the warranty period is 12 months. The supplier will abstain from the objection to a later notification of defects. But the supplier will have to be notified of any defects, according to 10.1., not later than 30 days after the expiry of the warranty.
10.5. The warranty period starts with the handing over to us or an appointed third party at the place of delivery as prescribed by us. For any replaced or repaired items is begins anew. For spare parts stored correctly the warranty period starts with the commissioning, but ends at the latest two years after the delivery date.

11. Supplementary legal provisions
Unless otherwise agreed, the legal provisions valid at the place of fulfillment will be applied. The application of the standardized laws on the international purchasing of movable objects is excluded.

12. Place of fulfillment and place of jurisdiction
Place of fulfillment and place of jurisdiction for disagreements of any kind, and actions on a bill of exchange, is Wardenburg. We have the right to sue the supplier at his general place of jurisdiction.

13. Prohibition of advertising
Our inquiries, orders or correspondence of any kind, cannot be used for advertising.

Rev. 03.02.2009