Hachtel CTmatter GmbH
73431 Aalen
Schelmenstrasse 42
Phone (07361) 3704 65
Deliveries of goods, repairs, and other services including consulting and support, as well as our procurement of goods, are exclusively subject to these terms and conditions. These apply to contracts with fully qualified merchants also for future transactions, even if they are not expressly agreed upon again. We ask our suppliers to note that we generally do not accept the assignment of purchase price claims directed against us. Offsetting with counterclaims and asserting rights of retention against our claims are excluded. Oral agreements become binding for us only upon our written confirmation. Deviations from our terms and conditions are valid only if confirmed in writing. Our offers are non-binding and subject to change until acceptance (order confirmation).
Unless otherwise stated, the prices are in EUR, are always non-binding, and refer to pickup from the Aalen warehouse, payable immediately net. For the calculation, our prices valid on the day of delivery and the quantity determined at our plant are decisive. If shipping or delivery is agreed upon, this is at the customer's expense and risk. The seller is entitled, but not obliged, to insure the goods during shipment at the buyer's expense. Bills of exchange and checks are not considered payment until their redemption is confirmed.
Insofar as the buyer is obligated to pay damages due to non-fulfillment of a purchase contract, the seller is entitled to claim 50% of the agreed net price as damages without further proof. The buyer is entitled to provide evidence of a lesser damage. The seller reserves the right to claim higher damages. In the event of default, the buyer owes default interest of 5% above the current Bundesbank discount rate. The customer reserves the right to prove that a lower interest damage has occurred. If the seller accepts order cancellations in individual cases, cancellation fees amounting to 15% of the net price, but at least EUR 50, will be charged.
a.) The goods remain the property of the seller until full payment has been made.
b.) If the buyer defaults on payment or culpably fails to fulfill other essential contractual obligations, Hachtel CTmatter GmbH is entitled to repossess the reserved goods or, if applicable, to demand assignment of the buyer's claims for delivery against third parties.
c.) When processing, combining, or mixing with items not belonging to the seller, the seller acquires co-ownership in proportion to the invoice value of his reserved goods relative to the invoice values of the other materials.
All delivery dates are non-binding and/or subject to timely and correct self-supply. All cases of force majeure, operational disruptions of any kind, work stoppages, lockouts at our company and our suppliers release us from the obligation to deliver for the duration of the disruption and to the extent of its effect. They entitle us to withdraw from the contract in whole or in part, excluding claims for damages.
a.) Warranty claims for obvious, particularly visible defects in newly manufactured goods or devices are excluded if they are not reported in writing immediately upon receipt of the goods. Non-visible defects must be reported in writing immediately after discovery, but no later than within 3 months after delivery. Visible damages to transport and original packaging must be reported by the buyer immediately and in writing. If the seller inspects or has inspected devices or goods due to complaints from the buyer, the buyer must reimburse the resulting costs, at least EUR 100, if the complaint proves to be unjustified. The buyer is entitled to provide evidence of expenses below the flat rate.
b.) If complaints about defects are justified, the seller is entitled, at their discretion, to subsequent delivery or rectification within a reasonable period. If the rectification fails repeatedly, or if the subsequent delivery is also defective, or if the subsequent delivery or rectification is not provided within a reasonable period, or is refused by the seller, the buyer may, at their discretion, demand a reduction of the remuneration (abatement) or rescission (cancellation) of the contract. Failure is equivalent to the situation where rectification is impossible or unreasonable.
c.) For carrying out repair work or returning goods, devices or parts must be delivered free of charge to Hachtel CTmatter GmbH in their original packaging along with all accessories, including any transport safeguards and complete accompanying documents (operating instructions). The original packaging provides the best protection against damage or contamination. Therefore, Hachtel CTmatter GmbH cannot assume any liability for damages that occur during the transport of goods not in their original packaging.
d.) The seller's liability for material defects is in any case limited to the statutory warranty provisions, even if the warranty of the respective manufacturer goes beyond this.
e.) Further claims for damages against the seller, regardless of the legal grounds, are excluded except in cases of gross negligence or intent.
The contractor treats all information, documents, data, and insights obtained from the client within the scope of the business relationship as strictly confidential. Disclosure to third parties occurs only to the extent necessary for contract fulfillment or if there is an explicit prior written consent from the client. This obligation also applies beyond the termination of the contractual relationship. Statutory disclosure obligations remain unaffected.
If a conformity decision (e.g., pass/fail assessment) is required as part of the assignment, this is generally made based on a binary decision rule without consideration of measurement uncertainty. Deviating decision rules, especially those incorporating measurement uncertainty (e.g., according to specific standards or customer requirements), require an explicit agreement between the client and the contractor prior to the execution of the service.
If one or more provisions of these General Terms and Conditions are invalid, the validity of the remaining terms and conditions shall remain unaffected. The place of performance for all mutual obligations is Aalen. German law applies. The place of jurisdiction, including for bills of exchange and document proceedings, is agreed to be Aalen.
Hachtel CTmatter GmbH
HR Local Court Ulm HRB 750262
Managing Director, Kamil D. Szepanski
