Terms of service
Terms and Conditions of Delivery and Payment
RISCHE+ HERFURTH GmbH, Hamburg
1. General
All deliveries, services and offers provided by RISCHE + HERFURTH GmbH for its business customers are subject exclusively to these Terms and Conditions. These Terms and Conditions apply solely to entrepreneurs within the meaning of section 14 BGB (German Civil Code), legal persons under public law, and special funds under public law. Offers are subject to change.
These Terms and Conditions shall apply to this contract and also to future business transactions. Terms and conditions used by the customer that deviate from these Terms and Conditions shall not be recognised by us unless they have been expressly agreed to in writing.
2. Prices
The prices quoted do not include set-up or installation and apply ex works Hamburg-Wandsbek, exclusive of packaging and insurance.
In legal dealings with merchants (in cases where the contract constitutes part of the operation of a commercial enterprise), all prices are quoted net exclusive of value added tax, which shall be paid additionally by the customer at the applicable statutory rate.
Prices are calculated on the basis of the prices applicable on the day of delivery. We reserve the right to adjust our prices if the costs on which they are based change while the order is being processed.
3. Deliveries
Delivery shall be effected ex works Hamburg-Wandsbek (according to Incoterms 2020), which shall also be the venue for all reciprocal performance and any subsequent performance. If so ordered or requested by the customer, the shipment shall be sent to another destination at the customer’s expense (sales shipment). Unless otherwise agreed, we have the right to determine the mode of delivery (particularly the transport company and shipping route) ourselves. Goods shall be transported at the recipient’s risk.
In the case of sales shipments, the risk of accidental destruction and accidental deterioration of the goods and the risk of delay shall pass to the purchaser at the time the goods are handed over to the transporter. We shall not be held liable for loss or damages that the goods may suffer during transportation.
No packaging of any type will be taken back.
4. Delivery periods, force majeure, delivery delays on the part of our suppliers
The delivery period shall be agreed individually or specified by us at the time we accept the order.
We shall not be held liable for delivery delays or impossibility of delivery insofar as this is the result of force majeure or other events that could not have been foreseen at the time the contract was concluded, and for which we are not responsible (e.g. operational disruptions of any kind, difficulties procuring materials or energy supplies, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties procuring necessary official permits, epidemics and pandemics, official measures and orders, failures to deliver, incorrect deliveries or unpunctual deliveries on the part of our suppliers).
If such events make it considerably more difficult or even impossible for us to deliver or perform, and if the hindrance is not merely temporary in nature, we shall have the right to withdraw from the contract. In the case of temporary hindrances, the delivery/performance periods shall be extended and/or the delivery/performance deadlines postponed for as long as the hindrance lasts plus an appropriate lead time. If the delay means that the customer cannot be reasonably expected to accept the shipment, they may withdraw from the contract by sending us a written declaration without undue delay.
If we are in default of delivery, the customer shall be entitled to withdraw from the contract provided they have previously granted us a reasonable grace period and expressly stated that they will withdraw from the contract if the aforesaid grace period expires without result. In general, a period of one month shall be deemed reasonable.
Deliveries shall be subject to the receipt of correct and timely deliveries from our own suppliers. This shall only apply insofar as we are not responsible for any default on delivery. The customer shall be notified without undue delay if performance cannot be rendered.
5. Payment
Payment shall become due immediately (section 271 BGB). Invoices shall be paid within 30 days. If the customer pays in full within 8 days (receipt of payment), they shall be entitled to a 2% cash discount.
We explicitly reserve the right to refuse cheques and bills of exchange. These shall only be accepted as payment. In the event of us accepting cheques and bills of exchange, payment shall only be deemed to have been effected once the aforesaid cheques and bills of exchange have been redeemed.
Should the customer default on payment, we shall be entitled to charge interest on arrears at a rate 9 percent above the basic rate of interest pursuant to section 247 BGB plus a default fee of EUR 40.00. When dealing with merchants, the right to claim commercial default interest (section 353 German Commercial Code (HGB)) shall remain unaffected. We reserve the right to claim compensation for additional damages arising from the default.
If the customer defaults on payment, or if their financial position deteriorates significantly after the contract has been concluded, all claims due to us in connection with the business relationship shall become due immediately and paid in cash, even if payment has been deferred. All obligations and pleas on the customer’s part shall hereby remain unaffected with the exception of objections relating to the postponement of the due date. Furthermore, we shall also be entitled to request advance payment or the provision of collateral, to withdraw from the contract if a reasonable grace period expires without result, or to claim compensation for non-performance. Further details are regulated by section 321 BGB.
In the event of withdrawal due to a breach of contract, the customer shall be obligated to pay compensation amounting to 1/24 of the price for each month of use commenced; this shall be offset against the partial payments already made. This compensation shall be increased if we furnish proof of greater damage or loss of value, or decreased if the customer furnishes proof of lesser damage or loss of value.
The customer shall only have the right to withhold payments or offset counterclaims against payments insofar as their counterclaims are undisputed or have been upheld by a court of law. This shall not apply to any counterclaims on the customer’s part that directly seek rectification or the reversal of a transaction (owing to a defect we have not corrected or are unable to correct by means of remedial performance) and are based on the same contractual relationship as our payment claim.
6. Retention of title
We shall retain the title to the products supplied until all claims arising from the business relationship with the customer have been settled in full.
The customer may only process these reserved products on the vendor’s behalf; the vendor shall not incur any obligations from such processing. Ownership of the new items created from the processing shall be vested in us. If the reserved products are processed, mixed, or combined with other products that are not owned by us, joint ownership of the new item shall be proportionately vested in us according to the proportion of the invoice price accounted for by the reserved products compared to the proportion accounted for by the other products.
The customer may sell the reserved products in which we hold a sole or a co-ownership interest during the normal course of business; the customer must not pledge or assign the products as collateral. The customer herewith assigns to us in advance all claims due to them in connection with the sale of the reserved products and/or the products created by processing, mixing and combining our products with other products. This shall also apply if the products are sold with other products that are not owned by us at a combined price. If, pursuant to a legal regulation, a third party has acquired ownership or co-ownership interests in the products as a consequence of the processing, mixing or combination, the customer herewith assigns to us in advance all claims they may have vis-à-vis that third party. Assignments within the meaning of this paragraph may only be made up to the amount of the invoice price of the reserved products. The customer may collect the assigned claims until such time as our permission to do so is revoked; this permission may be revoked at any time.
We herewith accept the customer assignments provided for in this section.
If the customer's cooperation is required to make the retention of title effective, for example with regard to registrations required in accordance with the law of the country in which the customer is located, the customer shall undertake to cooperate as necessary.
If the customer is in default of payment, we may forbid them to dispose of the reserved products completely or, at our discretion, in part, e.g. only with regard to selling or further processing, etc.
If the customer meets the objective requirements obliging them file for insolvency, they shall refrain from disposing of the reserved products in any way without being specifically requested to do so. The customer shall undertake to report the inventory of reserved products to us without undue delay. In such cases, we shall also entitled to withdraw from the contract and demand surrender of the reserved products. If the reserved products have been processed, mixed or combined with other products, we shall have the right to demand their surrender to a trustee; the customer shall undertake to disclose all co-owners of the reserved products, including their names or company names, addresses, and co-ownership shares. The same, by analogy, shall apply to claims assigned to us in accordance with the previous paragraphs; in addition, the customer shall send us the names and addresses of all debtors and a copy of the documents evidencing the claims against them without specifically being requested to do so.
7. Warranty
If the customer is a merchant, their warranty claims shall depend on them providing notification of defects in accordance with section 377 HGB. Notification of defects must be provided immediately after the defects have been detected.
The provisions above shall also apply in the event of short shipments, overshipments, or if the wrong goods are delivered.
If there is a defect for which notification has been issued in due time, we shall have the right to render subsequent performance within a reasonable period by remedying the defect or delivering a non-defective product at our discretion. Expenses incurred for the purpose of subsequent performance shall be borne by us. If the subsequent performance fails, or if the customer cannot be reasonably expected to accept it, the customer shall be entitled to request a price reduction (discount) or withdraw from the contract (rescission). However, the customer shall have no right of withdrawal if the breach of contract is only minor, particularly in the case of minor defects. Any compensation claims asserted by the customer shall be subject to section 8 of these General Terms and Conditions.
The warranty period is one year from delivery. This warranty period shall not apply to any compensation claims on the purchaser’s part, including claims based on a default on subsequent performance on our part. Claims for compensation shall become statute-barred as specified by law.
The liability for defects applies exclusively to defects present at the passing of risk and therefore not to normal wear and tear. Furthermore, the liability for defects does not apply to defects that arose after the passing of risk as a result of incorrect or improper treatment of the machinery. The warranty obligation shall expire if the machines are modified by a third party or if parts manufactured by a third party are attached and there is a causal connection between the defect and this modification or attachment.
8. Liability for damages and reimbursement of expenses
Claims for damages of any kind against us, our legal representatives or vicarious agents are excluded unless wilful misconduct, gross negligence, or breach of a material contractual duty has taken place. “Material contractual duties” are duties that must be fulfilled in order to make the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
Liability is limited to the reasonably foreseeable damage typically incurred with this type of contract unless it is due to an intentional act.
The foregoing limitations of liability do not apply to injuries to the life, limb or health of a person or in cases of liability pursuant to the German Product Liability Act.
Claims for the reimbursement of expenses pursuant to section 284 BGB are excluded insofar as the claim for compensation of damage instead of performance is excluded pursuant to the foregoing provisions.
The foregoing limitations on liability shall also apply to our employees, management bodies and other vicarious agents.
The foregoing provisions do not entail any change to the onus of proof.
9. Conditions for returning goods
There is no entitlement to return goods that have been supplied in accordance with the contract.
10. Place of jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction for both parties – also in the event of disputes concerning deed, bill of exchange or cheque processes – shall be our place of business. However, we are also entitled to bring a suit against the customer at its place of business instead.
11. Applicable law
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
RISCHE + HERFURTH GmbH (© 02/2021)
RISCHE+ HERFURTH GmbH, Hamburg
1. General
All deliveries, services and offers provided by RISCHE + HERFURTH GmbH for its business customers are subject exclusively to these Terms and Conditions. These Terms and Conditions apply solely to entrepreneurs within the meaning of section 14 BGB (German Civil Code), legal persons under public law, and special funds under public law. Offers are subject to change.
These Terms and Conditions shall apply to this contract and also to future business transactions. Terms and conditions used by the customer that deviate from these Terms and Conditions shall not be recognised by us unless they have been expressly agreed to in writing.
2. Prices
The prices quoted do not include set-up or installation and apply ex works Hamburg-Wandsbek, exclusive of packaging and insurance.
In legal dealings with merchants (in cases where the contract constitutes part of the operation of a commercial enterprise), all prices are quoted net exclusive of value added tax, which shall be paid additionally by the customer at the applicable statutory rate.
Prices are calculated on the basis of the prices applicable on the day of delivery. We reserve the right to adjust our prices if the costs on which they are based change while the order is being processed.
3. Deliveries
Delivery shall be effected ex works Hamburg-Wandsbek (according to Incoterms 2020), which shall also be the venue for all reciprocal performance and any subsequent performance. If so ordered or requested by the customer, the shipment shall be sent to another destination at the customer’s expense (sales shipment). Unless otherwise agreed, we have the right to determine the mode of delivery (particularly the transport company and shipping route) ourselves. Goods shall be transported at the recipient’s risk.
In the case of sales shipments, the risk of accidental destruction and accidental deterioration of the goods and the risk of delay shall pass to the purchaser at the time the goods are handed over to the transporter. We shall not be held liable for loss or damages that the goods may suffer during transportation.
No packaging of any type will be taken back.
4. Delivery periods, force majeure, delivery delays on the part of our suppliers
The delivery period shall be agreed individually or specified by us at the time we accept the order.
We shall not be held liable for delivery delays or impossibility of delivery insofar as this is the result of force majeure or other events that could not have been foreseen at the time the contract was concluded, and for which we are not responsible (e.g. operational disruptions of any kind, difficulties procuring materials or energy supplies, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties procuring necessary official permits, epidemics and pandemics, official measures and orders, failures to deliver, incorrect deliveries or unpunctual deliveries on the part of our suppliers).
If such events make it considerably more difficult or even impossible for us to deliver or perform, and if the hindrance is not merely temporary in nature, we shall have the right to withdraw from the contract. In the case of temporary hindrances, the delivery/performance periods shall be extended and/or the delivery/performance deadlines postponed for as long as the hindrance lasts plus an appropriate lead time. If the delay means that the customer cannot be reasonably expected to accept the shipment, they may withdraw from the contract by sending us a written declaration without undue delay.
If we are in default of delivery, the customer shall be entitled to withdraw from the contract provided they have previously granted us a reasonable grace period and expressly stated that they will withdraw from the contract if the aforesaid grace period expires without result. In general, a period of one month shall be deemed reasonable.
Deliveries shall be subject to the receipt of correct and timely deliveries from our own suppliers. This shall only apply insofar as we are not responsible for any default on delivery. The customer shall be notified without undue delay if performance cannot be rendered.
5. Payment
Payment shall become due immediately (section 271 BGB). Invoices shall be paid within 30 days. If the customer pays in full within 8 days (receipt of payment), they shall be entitled to a 2% cash discount.
We explicitly reserve the right to refuse cheques and bills of exchange. These shall only be accepted as payment. In the event of us accepting cheques and bills of exchange, payment shall only be deemed to have been effected once the aforesaid cheques and bills of exchange have been redeemed.
Should the customer default on payment, we shall be entitled to charge interest on arrears at a rate 9 percent above the basic rate of interest pursuant to section 247 BGB plus a default fee of EUR 40.00. When dealing with merchants, the right to claim commercial default interest (section 353 German Commercial Code (HGB)) shall remain unaffected. We reserve the right to claim compensation for additional damages arising from the default.
If the customer defaults on payment, or if their financial position deteriorates significantly after the contract has been concluded, all claims due to us in connection with the business relationship shall become due immediately and paid in cash, even if payment has been deferred. All obligations and pleas on the customer’s part shall hereby remain unaffected with the exception of objections relating to the postponement of the due date. Furthermore, we shall also be entitled to request advance payment or the provision of collateral, to withdraw from the contract if a reasonable grace period expires without result, or to claim compensation for non-performance. Further details are regulated by section 321 BGB.
In the event of withdrawal due to a breach of contract, the customer shall be obligated to pay compensation amounting to 1/24 of the price for each month of use commenced; this shall be offset against the partial payments already made. This compensation shall be increased if we furnish proof of greater damage or loss of value, or decreased if the customer furnishes proof of lesser damage or loss of value.
The customer shall only have the right to withhold payments or offset counterclaims against payments insofar as their counterclaims are undisputed or have been upheld by a court of law. This shall not apply to any counterclaims on the customer’s part that directly seek rectification or the reversal of a transaction (owing to a defect we have not corrected or are unable to correct by means of remedial performance) and are based on the same contractual relationship as our payment claim.
6. Retention of title
We shall retain the title to the products supplied until all claims arising from the business relationship with the customer have been settled in full.
The customer may only process these reserved products on the vendor’s behalf; the vendor shall not incur any obligations from such processing. Ownership of the new items created from the processing shall be vested in us. If the reserved products are processed, mixed, or combined with other products that are not owned by us, joint ownership of the new item shall be proportionately vested in us according to the proportion of the invoice price accounted for by the reserved products compared to the proportion accounted for by the other products.
The customer may sell the reserved products in which we hold a sole or a co-ownership interest during the normal course of business; the customer must not pledge or assign the products as collateral. The customer herewith assigns to us in advance all claims due to them in connection with the sale of the reserved products and/or the products created by processing, mixing and combining our products with other products. This shall also apply if the products are sold with other products that are not owned by us at a combined price. If, pursuant to a legal regulation, a third party has acquired ownership or co-ownership interests in the products as a consequence of the processing, mixing or combination, the customer herewith assigns to us in advance all claims they may have vis-à-vis that third party. Assignments within the meaning of this paragraph may only be made up to the amount of the invoice price of the reserved products. The customer may collect the assigned claims until such time as our permission to do so is revoked; this permission may be revoked at any time.
We herewith accept the customer assignments provided for in this section.
If the customer's cooperation is required to make the retention of title effective, for example with regard to registrations required in accordance with the law of the country in which the customer is located, the customer shall undertake to cooperate as necessary.
If the customer is in default of payment, we may forbid them to dispose of the reserved products completely or, at our discretion, in part, e.g. only with regard to selling or further processing, etc.
If the customer meets the objective requirements obliging them file for insolvency, they shall refrain from disposing of the reserved products in any way without being specifically requested to do so. The customer shall undertake to report the inventory of reserved products to us without undue delay. In such cases, we shall also entitled to withdraw from the contract and demand surrender of the reserved products. If the reserved products have been processed, mixed or combined with other products, we shall have the right to demand their surrender to a trustee; the customer shall undertake to disclose all co-owners of the reserved products, including their names or company names, addresses, and co-ownership shares. The same, by analogy, shall apply to claims assigned to us in accordance with the previous paragraphs; in addition, the customer shall send us the names and addresses of all debtors and a copy of the documents evidencing the claims against them without specifically being requested to do so.
7. Warranty
If the customer is a merchant, their warranty claims shall depend on them providing notification of defects in accordance with section 377 HGB. Notification of defects must be provided immediately after the defects have been detected.
The provisions above shall also apply in the event of short shipments, overshipments, or if the wrong goods are delivered.
If there is a defect for which notification has been issued in due time, we shall have the right to render subsequent performance within a reasonable period by remedying the defect or delivering a non-defective product at our discretion. Expenses incurred for the purpose of subsequent performance shall be borne by us. If the subsequent performance fails, or if the customer cannot be reasonably expected to accept it, the customer shall be entitled to request a price reduction (discount) or withdraw from the contract (rescission). However, the customer shall have no right of withdrawal if the breach of contract is only minor, particularly in the case of minor defects. Any compensation claims asserted by the customer shall be subject to section 8 of these General Terms and Conditions.
The warranty period is one year from delivery. This warranty period shall not apply to any compensation claims on the purchaser’s part, including claims based on a default on subsequent performance on our part. Claims for compensation shall become statute-barred as specified by law.
The liability for defects applies exclusively to defects present at the passing of risk and therefore not to normal wear and tear. Furthermore, the liability for defects does not apply to defects that arose after the passing of risk as a result of incorrect or improper treatment of the machinery. The warranty obligation shall expire if the machines are modified by a third party or if parts manufactured by a third party are attached and there is a causal connection between the defect and this modification or attachment.
8. Liability for damages and reimbursement of expenses
Claims for damages of any kind against us, our legal representatives or vicarious agents are excluded unless wilful misconduct, gross negligence, or breach of a material contractual duty has taken place. “Material contractual duties” are duties that must be fulfilled in order to make the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.
Liability is limited to the reasonably foreseeable damage typically incurred with this type of contract unless it is due to an intentional act.
The foregoing limitations of liability do not apply to injuries to the life, limb or health of a person or in cases of liability pursuant to the German Product Liability Act.
Claims for the reimbursement of expenses pursuant to section 284 BGB are excluded insofar as the claim for compensation of damage instead of performance is excluded pursuant to the foregoing provisions.
The foregoing limitations on liability shall also apply to our employees, management bodies and other vicarious agents.
The foregoing provisions do not entail any change to the onus of proof.
9. Conditions for returning goods
There is no entitlement to return goods that have been supplied in accordance with the contract.
10. Place of jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law, or if the customer does not have a general place of jurisdiction in Germany, the exclusive place of jurisdiction for both parties – also in the event of disputes concerning deed, bill of exchange or cheque processes – shall be our place of business. However, we are also entitled to bring a suit against the customer at its place of business instead.
11. Applicable law
German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
RISCHE + HERFURTH GmbH (© 02/2021)