GENERAL TERMS AND CONDITIONS
General Terms and Conditions of HAKRO GmbH, as at: April 2017
I. SCOPE OF APPLICATION
1. our GTC shall only apply to entrepreneurs, legal entities under public law and special funds under public law.
2. our GTC shall apply exclusively; we shall not recognise any terms and conditions of the customer that conflict with or deviate from these GTC unless we have expressly agreed to their validity in writing. Our GTC shall also apply if we carry out the delivery to the customer without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our GTC.
3. our GTC shall also apply to all future transactions with the customer, even if no express reference is made to them.
II. OFFERS, CATALOGUES, CONCLUSION OF CONTRACT
1. HAKRO delivers exclusively to entrepreneurs within the meaning of § 14 BGB. We reserve the right to supply only those customers who have applied to us for a new customer check, including a credit check, and who have been accepted by us as specialised dealers for HAKRO products. We also reserve the right to no longer supply customers if they no longer fulfil our quality requirements for specialist retailers.
2. the information in the HAKRO product catalogues and price lists and on the HAKRO website is subject to change and non-binding.
3. the customer's order is to be qualified as an offer in accordance with § 145 BGB and can be accepted by us within two weeks by order confirmation or, at our discretion, by dispatch of the ordered goods.
4. samples and drawings of customised products produced by HAKRO must always be approved in writing by the customer before production.
III. DELIVERY TIME, DELAYS IN DELIVERY
1. all delivery periods shall only be binding if expressly confirmed in writing by HAKRO. We shall inform the customer as soon as delays become apparent.
2. partial deliveries are permissible and shall oblige the customer to pay the proportionate purchase price, unless the customer can prove that he has no interest in the partial performance.
3. Compliance with our delivery obligation further presupposes the timely and proper fulfilment of the customer's obligations.
4. if the conditions for default of acceptance are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the point in time at which the customer is in default of acceptance.