General Terms and Conditions of Sale and Delivery (B2B)

of H & H Eisen-Müller GmbH & Co. KG

Version: October 2025

1.1 These General Terms and Conditions of Sale and Delivery (hereinafter “GTCS”) apply to all contracts for the supply and/or provision of goods and services (hereinafter “Deliveries”) by H & H Eisen-Müller GmbH & Co. KG (hereinafter “Seller”) to entrepreneurs as defined in Section 14 of the German Civil Code (BGB) (hereinafter “Customer”).

1.2 Deviating, conflicting or supplementary terms and conditions of the Customer shall only become part of the contract if the Seller expressly agrees to their validity in writing.

1.3 These GTCS also apply to future business transactions, even if they are not expressly agreed upon again.

1.4 They also apply to contracts concluded via online platforms, by email or other electronic means of communication.

2.1 All offers made by the Seller are non-binding and subject to change unless expressly stated as binding.

2.2 A contract is concluded only upon written or electronic order confirmation by the Seller or through execution of the Delivery.

2.3 Additions, amendments or side agreements require the written confirmation of the Seller.

2.4 The Seller reserves the right to make technical changes and modifications in form, colour and/or weight within reasonable limits.

3.1 All prices are stated in euros net, plus the applicable statutory VAT as well as packaging, shipping, freight and certification costs.

3.2 Unless otherwise agreed, invoice amounts are payable within 14 days from the invoice date without deduction.

3.3 In the event of default in payment, the Seller is entitled to charge default interest of ten percentage points above the applicable base interest rate per annum.

3.4 Payments are deemed made only when the amount has been irrevocably credited to one of the Seller’s accounts.

3.5 The Customer is entitled to set-off or retention only if its counterclaims are legally established or undisputed.

4.1 Delivery periods are binding only if expressly confirmed in writing.

4.2 Delays in delivery or performance due to force majeure or unforeseeable, extraordinary circumstances (e.g. war, strikes, shortages of energy or raw materials, governmental orders, operational disruptions, failure of suppliers) shall extend agreed deadlines accordingly.

4.3 In the event of force majeure, the Seller is entitled to withdraw from the contract in whole or in part.

4.4 Partial deliveries are permissible insofar as they are reasonable for the Customer.

4.5 Delivery is made ex works/warehouse Fellbach in accordance with Incoterms 2020 “EXW”. Upon transfer of the goods to the carrier, freight forwarder or any other person designated for shipment, the risk of accidental loss or accidental deterioration transfers to the Customer.

4.6 If the Customer is in default of acceptance, the risk of accidental loss transfers to the Customer upon receipt of notification of readiness for dispatch or collection.

5.1 The delivered goods remain the property of the Seller until all claims arising from the ongoing business relationship have been fully settled.

5.2 The Customer is obliged to store the goods subject to retention of title properly and insure them at its own expense against fire, water and theft damage at replacement value.

5.3 The Customer may resell the goods in the ordinary course of business. The Customer hereby assigns to the Seller all claims arising from such resale up to the amount of the invoice value.

5.4 In the event of seizures or other interventions by third parties, the Customer must notify the Seller immediately in writing.

5.5 If the realisable value of the securities exceeds the claims to be secured by more than 20%, the Seller shall release securities of its choice upon the Customer’s request.

6.1 The Customer must inspect the goods immediately upon delivery and notify the Seller in writing or by email of any apparent defects within seven calendar days. Hidden defects must be reported within seven days of discovery.

6.2 If the notice of defects is not provided in due time, the Delivery shall be deemed accepted.

6.3 In the event of a justified notice of defects, the Seller shall, at its discretion, either remedy the defect or provide a replacement delivery. If supplementary performance fails, the Customer may demand a price reduction or withdraw from the contract.

6.4 The limitation period for warranty claims is one year from delivery of the goods.

6.5 Further claims, particularly for damages, are excluded in accordance with Section 7.

7.1 The Seller is liable for intent and gross negligence in accordance with statutory provisions.

7.2 In cases of simple negligence, the Seller is liable only for damages arising from injury to life, body or health, and for damages resulting from the breach of essential contractual obligations (cardinal duties).

7.3 In these cases, liability is limited to foreseeable damages typical for the contract.

7.4 Liability for loss of profit, indirect damages or consequential damages is excluded.

7.5 Mandatory provisions of the Product Liability Act remain unaffected.

8.1 The Seller processes personal data exclusively for the purpose of contract execution and in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

8.2 Further details can be found in the Seller’s privacy policy on its website.

9.1 All goods manufactured by the Seller are custom-made according to Customer specifications. Therefore, there is no entitlement to withdrawal, exchange or return of the goods. No right of withdrawal exists under consumer protection laws, as Customers are exclusively entrepreneurs (Section 14 BGB).

9.2 The return or exchange of goods is generally excluded. The Customer expressly acknowledges that custom-made products are binding and final orders.

9.3 Deviating agreements regarding returns or goodwill arrangements require the Seller’s express written consent.

10.1 The place of performance and exclusive place of jurisdiction for all disputes arising out of the contractual relationship is—where legally permissible—the registered office of the Seller.

10.2 The laws of the Federal Republic of Germany apply exclusively, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

10.3 Should any provision of these GTCS be wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

10.4 In place of the invalid provision, a valid provision shall apply which comes as close as possible to the economic purpose of the invalid provision.

H & H Eisen-Müller GmbH & Co. KG

Eisenbahnstraße 53–57

70736 Fellbach

Phone: 0711 571 52-0

Email: see website

Website: https://stahlbauanschluesse24.com