General Terms of business

1. Scope / General 
   Customers' terms and conditions of purchasing and / or of payment do not apply. Only the terms and conditions herein apply even if those of the customer are not expressly contradicted. This affects all goods and / or services rendered unless written agreement has been made to the contrary.

2. Offer and confirmation
   All offers, in particular those in our sales media, are non-binding as to pricing and shipping availability. All agreements made first become valid on written confirmation by us. We make no guarantee of the veracity or accuracy of illustrations, drawings, diagrams, technical data or electrical values given.

3. Delivery periods
   Delivery periods given are not binding. Unforeseen hindrances such as Acts of God, industrial disputes, malfunctions of any kind in our own company or that of any supplier, transport difficulties etc, entitle us to rescind our delivery obligation either in whole or in part. The buyer' s right to claim damages or compensation in such cases is excluded.

4. Prices
   Prices given are not binding and are given in Euro ex works excluding VAT, which will be invoiced separately. We expressly reserve the right to change the prices given in sales media at any time.

5. Minimum order value / Surcharges
   The minimum order value (excluding VAT) is €50. If the order value falls below the minimum order value, it is incumbent on us to charge the buyer's order against calculation of pro rata processing costs until the minimum order value is reached or to reject the order.

6. Packaging
   Packaging (as at 01.04.2023: 9.20€) will be invoiced separately and is non-returnable. Containers, drums, etc. loaned to customers will be rented to them at the charge / s invoiced by their makers.

7. Shipping
   Shipping occurs at our discretion and without guarantee for the cheapest system of shipping. We ship the order at the risk of the customer (delivery purchase).

   If the package is damaged upon delivery, the acceptance of the package can be refused with the note ”damaged“. If the package is accepted, the contents must be immediately inspected for damages in the presence of the deliverer. If the goods are damaged, the damage must be reported to us by latest on the next day.

   Goods which are not determined to be non-functional until the first usage, must be sent by us to the manufacturer for inspection. A refund of the purchase price as well as shipping costs will depend on these inspections.

   A refund is excluded with improper handling.

8. Return
   We grant the purchaser a right to return the goods for lift parts which are free from faults which must be practiced within twenty working days after the goods have been issued (date on the bill of lading).

   A right of return is no longer possible after this period.

   For all returns a completed return form is required which can be filled out here.

   There will be no processing without a filled out return form.

   For returns which are not due to faulty goods or our own fault, a re-storage fee for a sum of 15% of the value of the goods will be charged.

   Shipping costs are the burden of the customer. After a check has been carried out, depending on the results these will be refunded.

   As a rule, electronic components (e.g. circuit boards) or components whose defect-free condition cannot be verified without significant technical inspection work are excluded from returns.
   In the case of additionally ordered parts (parts which are not in stock at the time of the order), returns are excluded.
   Furthermore, products which have been ordered in large quantities (volumes which are not typical in commercial dealings) are excluded from exchanges and returns.

9. Reservation of title
   Title in the goods delivered and purchased transfers to the buyer only on complete payment of the purchase price agreed. The buyer may not pledge such goods, or transfer title in them as security, until such complete payment has been rendered. The buyer must advise us immediately of attachment by third parties.

10. Payment

    All payments must be made in € (euros).
    The prices are always exclusive of statutory VAT.
    Unless agreed otherwise, the purchase price for deliveries or other performances shall be payable without deductions within 14 days from invoicing and delivery. After this deadline has passed, the customer shall be deemed to be in default without further setting of another deadline.
    Where the agreed payment period is exceeded, interest in the amount of the statutory interest rate of 9 percentage points per annum above the current base interest rate shall be charged, unless Hauer GmbH provides proof of higher losses. The customer shall have the right to provide proof of lower losses. Furthermore, Hauer GmbH shall be entitled to payment of a lump sum in the amount of €40.00, irrespective of the amount of losses actually incurred.
    We reserve the right to offer purchase on account only following a successful creditworthiness assessment.
    If it becomes clear after the conclusion of the contract that Hauer GmbH’s claim to the purchase price is jeopardised due to a lack of financial capacity of the customer, Hauer GmbH shall have the right, in accordance with the provisions of Article 321 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), to refuse performance and – possibly after setting a deadline – rescind the contract.
    After the due date Hauer GmbH will be able to charge a flat fee for costs in the amount of €10.00 for each reminder. The customer shall have the right to provide proof to Hauer GmbH that lower losses or no losses have been incurred.

11. Right of withdrawal
    We may withdraw from the contract of sale if we have made a congruent covering transaction but the supplier does not deliver as envisaged although we are not in arrears of payment toward that supplier and are otherwise innocent of any act of commission or omission contributory to such non-delivery. We also have a right of withdrawal if the goods to be delivered are unexpectedly unobtainable on the market, i.e. no covering transaction is possible. The buyer's right to claim compensation or damages in such cases is excluded.

12. Guarantee
    Obvious defects are to be advised within 10 days of delivery. Our guarantee is restricted to repair / correction or replacement. If such repair or replacement is unsuccessful then only rescission of the contract may be demanded. This does not affect out obligation to render damages / compensation, but this is excluded in cases of simple negligence unless cardinal duties have been breached. Liability under product liability law is also unaffected by this provision.

13. Place of judicature
    The place of jurisdiction for disputes arising from contracts with legal persons under public law or merchants is Karlsruhe. In the case of international legal transactions, the competence of the German courts is agreed under Article 17 of the Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters and under Article 83 para. 2 of the German Code of Civil Procedure (Zivilprozessordnung). Local competence shall be based on sentence 1.

14. Applicable law
    German law is the sole applicable law in the event of any dispute with a foreign buyer.

15. Severability clause
    Should individual provisions of this contract be ineffective, partially ineffective or unenforceable, the effectiveness of the other provisions hereof shall not be affected. In place of the ineffective, partially ineffective or unenforceable provision the parties shall agree a provision that comes closest to the meaning and purpose of the ineffective, partially ineffective or unenforceable provision. If the parties do not reach agreement in this respect, according to their wishes the ineffective, partially ineffective or unenforceable provision shall be replaced by the statutory provision that comes closest to the meaning and purpose of the ineffective, partially ineffective or unenforceable provision.