Terms and Conditions - HALBE Rahmen GmbH

Terms and Conditions

General sales terms and delivery conditions

1. Validity of the terms and conditions
The terms and conditions set forth below apply to all of our deliveries and services. Deviating terms and conditions of the ordering party are hereby expressly rejected. Deviations shall be deemed agreed only upon express written agreement.

2. Offer, offer documents:
All offers are subject to change and non-binding. Orders are considered to be accepted either by an explicit order confirmation or if we do not object within 6 days after the receipt of the order. Any illustrations, drawings and other documents made available by us are subject to copyright.

3. Prices:
All prices quoted by us are, unless otherwise indicated, net of the statutory value added tax, plus packaging, freight etc., less any item discounts and value of goods discounts, if applicable.
Wir gewähren folgende Positionsrabatte:

  • from 10 units 4%
  • from 25 units 6%
  • from 50 units 8%

In each case, the discounts relate to one order and are granted for the following products:

  • Magnetic frame, Distance magnetic frame, Passepartout magnetic frame, illuminating frame, PROTECT magnetic frame, cardboards, passepartouts: standard and special formats with the same size and version within one order item
  • Gallery rails
  • Accessories, replacement glass panes, picture safety devices

In addition to the quantity-based item discount, the following value of goods discount is granted (sum of the unit prices prior to deduction of item discount):

  • Value of goods > 595 EUR incl. 19% VAT (500 EUR plus VAT) = 4% value of goods discount
  • Value of goods > 1190 EUR incl. 19% VAT (1000 EUR plus VAT) = 6% value of goods discount
  • Value of goods > 2975 EUR incl. 19%VAT (2500 EUR plus VAT) = 8% value of goods discount

Binding prices in individual cases for an offer apply only to the particular offer, repeat orders are considered new orders and are subject to new pricing where applicable.

4. Delivery:
Dates and deadlines indicated by us are non-binding unless otherwise explicitly agreed in writing. Delivery commitments on our part are subject to correct and timely supply to ourselves. We are not responsible for delays in delivery or service on account of force majeure or other events for which we are not responsible and which are not foreseeable by us, and which significantly exacerbate or preclude the delivery for us, even in case of deadlines and dates agreed upon as binding. In these cases, we are entitled to delay the delivery or service by the duration of the hindrance plus a reasonable start-up time, or to withdraw, in case of impossibility, partly or entirely from the contract in respect of the not yet fulfilled portion. If the hindrances last longer than 3 months, the buyer will be entitled to withdraw from the contract in respect of the not yet fulfilled portion after the granting and expiry of a reasonable grace period. We are at all times entitled to make partial deliveries and provide partial services to a reasonable extent. The type of packaging and shipping is at our discretion. Claims for damages, regardless of the legal reason, are excluded unless we are liable due to wilful intent or gross negligence or because of the violation of absolute legally protected rights. The reimbursement of consequential losses is excluded, if permissible.

5. Transfer of risk/Insurance:
The risk is transferred to the buyer upon delivery of the goods to the forwarding agent. All consignments are transported without insurance unless another type of shipment is ordered explicitly against payment of the fee. This regulation does not apply if the buyer is a consumer.

6. Terms and conditions of payment:
Our invoices are due and payable within 14 days from the invoice date. In case of the granting of a bank collection authorisation by the buyer and credit of the invoice amount within 10 days from the invoice date, we grant a discount of 2%. A retention of payments by reason of counterclaims which are disputed by us and not finally and absolutely established is not permitted.
Our value added tax identification number (VAT ID) is: DE 147 964 250.
Payments are requested to be made to one of our business accounts indicated below:

  • Kreissparkasse Kirchen
    BLZ 573 510 30, acc. no. 4 000 519
    SWIFT MALA DE 51 AKI
    IBAN DE 45 5735 1030 0004 0005 19
  • Deutsche Bank Siegen
    BLZ 460 700 90, acc. no. 2 437 325
    SWIFT DEUT DE DK 460
    IBAN DE 69 4607 0090 0243 7325 00

7. Quality, material defects:
Our products are free of material defects if they have the agreed upon appearance and workmanship at the transfer of risk. Insignificant flaws or small quantity variances, customary and minor deviations from descriptions and information provided in advertising folders, catalogues, written documents and samples are reserved. The same applies to minor changes in construction and materials. The buyer is obligated to examine the products immediately upon receipt for defects and to notify us promptly, if applicable. This notification must be made in writing. A violation of these obligations may result in the loss of warranty claims. For accessories and the relinquishment of assembly instructions of subcontracted supplies, no warranty for correctness is given. We comply with our obligations in respect of liability for defects by supplementary performance which is effected at our option either by rectification of the defect or by delivery of a product free of defects. If the supplementary performance fails two times, the buyer may withdraw from the contract or reduce the purchase price. Claims for damages are excluded, if permissible. The limitation of liability does not apply to injuries to life, body or health which are based on a culpable breach of an obligation/violation of a legally protected right by the supplier, its legal representatives or vicarious agents. Furthermore, the exclusion of liability does not apply to deliberate, wilful, or grossly negligent conduct. The limitation period for claims based on material defects amounts to 1 year in case of deliveries to general merchants and to 2 years in all other cases.

8. Retention of title:
The delivered merchandise remains our property until full payment has been effected. Regardless of the fact that the buyer is entitled to resell the merchandise under retention of title in the ordinary course of business, all claims accruing to the buyer against its respective customer or third parties as a result of the resale are already now assigned on account of performance. In case of processing or transformation of goods subject to retention of title, no obligations for us will arise; in case of further processing we acquire the joint ownership of the new product in the proportion of the value of the goods subject to retention to the value of the other processed or combined goods at the time of the processing or combination. The buyer is obligated to store the goods subject to retention at a secure location and to treat them carefully. In the event of an imminent third-party seizure of the goods subject to retention, the buyer is obligated to provide immediate information.

9. Place of performance and jurisdiction, choice of law, contractual language:
The exclusive place of performance for both parties for our deliveries and services and for the payment by the buyer is Kirchen. The place of jurisdiction for both parties is at our option the competent court at the place of business of the buyer or, in terms of a permitted choice of forum clause among merchants, the jurisdiction in 57072 Siegen. Our contractual relations between the buyer and ourselves are governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The contractual language is German.