Hansa - Product list 2020

Services HANSA

General terms and conditions of sale

Applicable in national and international business transactions with companies, legal persons

under public law and special public funds.

General provisions

1.1

These General Terms and Conditions of Sale (hereinafter: “Sales Conditions”) shall

apply to the supply of fittings, parts of fittings, installations or other products of Hansa

Armaturen GmbH (hereinafter: “HANSA”) to the customer, even if they are not expressly

referred to in subsequent contracts.

1.2

Terms and conditions of the customer that conflict with, supplement or deviate from

these Sales Conditions shall not become part of the contract unless their application

is expressly approved by HANSA in writing. These Sales Conditions shall apply even if

HANSA makes a delivery to the customer without reservations whilst being aware of the

customer’s conflicting or deviating terms and conditions.

1.3

Agreements which supplement or deviate from these Sales Conditions and which are

made between HANSA and the customer for the performance of a contract must be set

out in writing in the contract. This shall also apply to the cancellation of this requirement

of the written form.

1.4

Any rights beyond these Sales Conditions to which HANSA is entitled by law shall

remain unaffected.

Formation of contract

2.1

All offers and cost estimates from HANSA shall be subject to change and non-binding

unless they are expressly designated as binding offers.

2.2

Pictures, drawings, information about weight, measurement, performance, and

consumption, and other descriptions of the goods that may be contained in the

documentation which forms part of the offer shall be approximations only unless they

are expressly promised to be binding, in writing or electronically. Such descriptions or

information shall not constitute an agreement on, or guarantee of, an according qual-

ity of the goods. In the event that a binding agreement on the target quality of the

goods is made with the customer, changes by HANSA shall continue to be permitted to

the extent that such changes are made because of mandatory legal requirements and

that they are not unreasonable for the customer. HANSA reserves the right to make

changes to the design and form of the goods to the extent that such changes are insig-

nificant and not unreasonable for the customer. In the event that changes are unreason-

able, the customer shall have the right to rescind the contract. All further claims shall

be excluded.

2.3

The quality of the goods that is owed shall be finally agreed in the order and the order

confirmation.

2.4

Orders shall not become binding until they have been confirmed by HANSA by means

of a written order confirmation. Order confirmations that are generated using auto-

matic devices and, therefore, do not contain a name and signature shall be deemed

written order confirmations. If HANSA does not respond to offers, orders, requests, or

other declarations from the customer, this shall only be deemed approval if an express

written agreement to this effect has been made between HANSA and the customer.

To the extent that an order confirmation contains obvious errors, misspellings or calcula-

tion mistakes, it shall not be binding upon HANSA.

Delivery; delivery periods; default

3.1

Unless expressly otherwise agreed, delivery shall be “ex works” (EXW, as defined by Inco-

terms® 2010), 08393 Meerane, Germany. At the request and expense of the customer,

the goods will be shipped to a different destination (hereinafter: “sale including ship-

ment”); in this case, HANSA shall have the right to determine the manner of shipment.

At the request and expense of the customer, HANSA shall take out a transport insurance

policy and insure the goods against the risks specified by the customer.

3.2

The scope of the delivery shall be as set out in the written order confirmation from

HANSA. Any changes to the scope of the delivery and to the delivery item itself which

are requested by the customer must be confirmed by HANSA in writing to be valid.

3.3

HANSA shall have the right to make partial deliveries unless this is unreasonable for

the customer.

3.4

Delivery periods must be agreed in writing. Delivery periods shall not be binding unless

they have been expressly designated as binding.

3.5

The delivery period shall commence when HANSA dispatches the order confirmation,

but not before all documents, permits and approvals that may have to be obtained by

the customer have been provided in full, the agreed down-payment, if any, has been

received, and the customer has timely and properly provided any further cooperation

owed.

3.6

An agreed delivery period shall be deemed met if, by the time the delivery period

expires, HANSA has made the goods available at the place of delivery or – in the event

of a sale including shipment according to the second sentence of clause 3.1 above –

has handed the goods over to the person in charge of carrying out the transport or the

customer has announced that it will refuse acceptance. The delivery shall be conditional

upon HANSA being timely and properly supplied by its own suppliers.

3.7

If the failure to comply with delivery periods is due to force majeure or other obstacles

for which HANSA is not responsible, such as war, terrorist attacks, or import and export

restrictions, including obstacles that affect any of HANSA’s suppliers, the agreed delivery

periods shall be extended for the duration of the existence of such obstacles. This shall

also apply if HANSA and/or its suppliers are affected by industrial action.

3.8

If the customer has ordered the goods in a legally binding manner and the goods do

not contain any defects, an exchange of the goods shall not be possible, as a general

rule. If HANSA decides in exceptional cases to take the goods back from the customer as

a gesture of goodwill, HANSA may charge a fixed handling fee in an amount equal to

20 % of the value of the goods.

3.9

A delay in delivery shall only entitle the customer to rescind the contract if HANSA is

responsible for the delay.

3.10 If the customer and HANSA have entered into a fixed-term framework agreement

regarding future deliveries and the customer fails to order the goods in a timely manner,

HANSA may, upon expiry of a reasonable additional period of time set for performance,

deliver the goods and issue an invoice, rescind the contract or – if the customer has acted

wilfully or negligently – claim damages in lieu of performance.

3.11 In the event of return shipments at the customer’s initiative for which HANSA must bear

the costs, the choice of the carrier shall be agreed with HANSA before the return ship-

ment is made. If the customer fails to comply with this obligation, HANSA will not bear

the difference between the costs of the carrier chosen by HANSA and the costs of the

carrier chosen by the customer.

3.12 For shipments to third parties, HANSA will charge a supplement of 10 % of the value of

the goods, at minimum, however, the shipping costs actually incurred.

3.13 If the customer fails to inform HANSA in due time of the carrier, HANSA may, without

prejudice to any other legal remedies, conclude the transport contract with a carrier on

customary terms at the expense and risk of the customer.

3.14 The transport packaging and all other packaging in accordance with the German Pack-

aging Ordinance will not be taken back by HANSA; an exception shall be made for

standardised reusable packaging, such as Euro pallets and wire pallet containers. The

customer shall be obliged to arrange at its own expense for the disposal of the packag-

ing. In doing so, the customer must comply with the disposal requirements prescribed

by law and ecologically (recycling loop).

3.15 To the extent that the goods were delivered to the customer on Euro pallets or wire pallet

containers (load carriers), the customer shall be obliged to return the same number of

load carriers of the same type and quality to HANSA at the place where the original

delivery took place.

3.16 Without prejudice to the provisions of clause 7.1 below, the customer shall be obliged to

examine the goods upon delivery for externally visible damage and report the damage,

if any, to the transport company which carries out the delivery and ask the latter for an

according confirmation in writing. If the customer fails to comply with this obligation, it

shall be liable to compensate HANSA for any damage suffered as a result of such failure.

3.17 To the extent that deliveries of replacement parts and return shipments of repaired

goods are not covered by liability for defects in quality, HANSA will charge reasonable

lump-sum costs for shipping and packaging plus the remuneration for the goods or ser-

vices provided by HANSA.

Transfer of risk; default of acceptance

4.1

The risk of accidental loss or destruction or accidental deterioration of the goods shall

pass to the customer as soon as HANSA has made the goods available at the place of

delivery mentioned in the first sentence of clause 3.1 above or – in the event of a sale

including shipment, as defined in the second sentence of clause 3.1 above – as soon

as the goods have been handed over to the person in charge of carrying out the trans-

port. This shall also apply if partial deliveries are made or if, unlike stated in the second

sentence of clause 3.1 above, HANSA has agreed to bear the transport costs in any par-

ticular case.

4.2

If the customer defaults on its obligation to accept the goods, HANSA may claim

compensation for the damage suffered as a result of such default as follows: an amount

equal to 0.5 % of the net price of the goods supplied per day of default, limited, however,

to a maximum of 5 % of the net price of the goods supplied in total. The contracting

parties may assert further claims for damages or prove that the amount of damage

actually suffered was smaller. The risk of accidental loss or destruction or accidental

deterioration of the goods shall pass to the customer at the time the customer starts

to default on its obligation to accept the goods. The goods shall be deemed supplied –

in particular, with regard to the warranty periods and the obligation to pay – when the

customer starts to default on its obligation to accept the goods.

4.3

Without prejudice to the customer’s claims for defects, if any, the customer shall be

obliged to take delivery of the goods supplied even if they contain minor defects. The

customer shall further be obliged to take delivery of the goods supplied if the goods

made available exceed or fall short of the quantity ordered by up to 5 % or if the goods

made available are delivered early, provided the delivery does not occur significantly

ahead of schedule.

574