Am Steinhügl 1
94140 Ering am Inn
Contact: HerkuPlast-Kubern GmbH
Authorized representative: Dr. J.H. Kubern
Phone: +49 8573 96030
Fax +49 8573 960370
Registered office: Ering, comm.reg. Landshut HRB 266
QuickPot® and HerkuPak® are registered trademarks of HerkuPlast-Kubern GmbH
Terms and conditions of delivery and payment
Unless otherwise agreed, the following terms and conditions also apply to all future commercial transactions with us. Should one of these provisions be invalid, this shall have no effect on the other provisions.
All our offers are non-binding, unless binding force has been agreed upon.
- Orders shall be binding upon our written confirmation.
- By placing orders, our terms and conditions of delivery and payment will be regarded as accepted in full. Deviating terms only apply if they have been expressly accepted by us; otherwise, the order confirmation is considered to be a new offer under the following conditions. If the buyer does not reject the same within 8 days, the present terms and conditions of payment and delivery apply.
- Our information on delivery times is non-binding but will be adhered to whenever possible. The time for delivery is extended by an appropriate term, even without a special agreement, if there are production shifts due to disturbances of any kind in the course of operations or due to force majeure, e.g. strike, fire damage, late delivery of materials by our suppliers.
- In the event of unforeseen operational interruptions of any kind we can withdraw from the delivery, while rejecting any claims for compensation. We also do not assume any liability for making a replacement purchase.
- Partial deliveries are permitted, they are to be considered as independent transaction. Differences from a partial delivery do not affect the unfulfilled part of the transaction. In case a part of the purchase contract is invalid, the remaining part remains valid.
- We reserve the right to provide short deliveries of up to 10 % of the supplied quantity, after prior notification.
- Damages on account of delayed delivery are excluded.
- Our prices do not include value added tax.
- Unless otherwise agreed, our prices are free Station Ering, packaged.
- In the event of changes to the costs we reserve the right to correct the price, if more than three months have passed since the order confirmation was issued.
- Delivery and shipment
- All shipping is at the risk and expense of the recipient, unless otherwise agreed.
- The recipient bears the costs for any urgent or express deliveries.
- We will only arrange for transport insurance upon written demand by the recipient.
- All complaints must be received by us directly in writing within one week after receipt of the goods at the place of destination.
- Upon our acceptance of justified complaints, the goods can be replaced at our choice or the minimal value can be reimbursed. Withdrawal from the contract is excluded.
- Improper handling results in the loss of claims for defects.
- Claims for damages for slight negligence are excluded.
- Goods for which complaints have been made may only be returned upon approval by the seller.
- In case of a complaint concerning a delivery, the obligation for the buyer to accept and pay for the delivery remains in force.
- In the case of a purchase according to sample or specimen only the essential properties of the sample or specimen are to be regarded as warranted.
- Payment must be made in cash, by bank or postal transfer in accordance with the conditions of our offer and is only valid if it is addressed to us directly, otherwise our written consent is required.
- Insofar as they are accepted in part-payment, bills of exchange and cheques do not qualify as cash payments and are accepted in lieu of cash payment only.
- For companies unknown to us as well as for companies whose method of payment makes our claims appear at risk, we require that payment be made prior to delivery.
- Default in payment and its consequences occur without reminder on that day, which results from the date of invoice and the term of payment. We are entitled to charge interest of 6 % above the local official bank discount rate from the due date.
- Customer cannot set off against claims of the seller.
- If the debtor defaults on payment of an amount due by more than 10 days, all our claims against him are due immediately. We are also released from further delivery obligations. The same applies in case accepted cheques or bills of exchange are subject to protest.
- Retention of title
- Goods delivered remain our property until full payment and until any cheques or bills of exchange submitted in payment have been credited, even if a “cheque/bill of exchange” method of payment is used. In the case of processing of the goods we acquire ownership of the new goods, or when goods of different suppliers are used, we acquire co-ownership of the new goods proportional to the invoice values of the goods used in the processing. In this case, the buyer is considered to be the custodian. Claims against third-party-customers of our buyer, which result from a resale of the goods delivered by us under retention of title, are assigned to us in the amount of the purchase price claim to which we are entitled against the buyer.
- The buyer has to fend off access by third parties to the goods delivered by us under retention of title or to the claims assigned to us and has to notify us immediately in writing.
- Goods delivered remain our property until all claims to which we are entitled have been fulfilled, even if the purchase price for specifically designated claims has been paid. In case of a current account, the ownership retained for deliveries (goods subject to reservation of title) is considered as security for our balance of account.
- We are to be reimbursed by the buyer for the costs incurred by us for the assertion of retention of title.
- Unless otherwise agreed, all moulds and tools that are produced by the manufacturer himself or by a third party on his behalf are, in consideration of the construction work of the manufacturer, his property; the costs of manufacture of the moulds are borne by the buyer.
- The manufacturer carefully stores and maintains the moulds for repeat orders. He is not liable for damages that occur despite proper handling. The manufacturer only bears the repair costs that arise from normal wear of the mould. The retention obligation expires if no further orders are received within 5 years after the last delivery.
- In case of follow-up orders, the manufacturer is not bound by the prices that were agreed upon in a previous order.
- Property rights
- If the manufacturer has to deliver items based on drawings, models or samples that are handed over to him by the buyer, the buyer guarantees the manufacturer that no property rights of third parties will be infringed by production and delivery of the items concerned.
- If the manufacturer is prohibited from manufacture and delivery by a third party claiming to be the proprietor of a protective right, then – without having to verify the legal situation – he is entitled, under exclusion of all claims to damages by the buyer, to discontinue production and delivery and to demand reimbursement of the costs incurred.
- Submitted samples or drawings will only be returned upon request. In case no contract is concluded, the manufacturer is entitled to destroy the samples and drawings.
- Data protection
We are entitled to process data on the buyer obtained regarding the business relationship or in relation thereto in accordance with the Data Protection Act, regardless of whether the data originates from the buyer or a third party.
- Place of fulfilment and jurisdiction
The place of fulfilment for all mutual business relations and resulting rights and obligations is Munich.
The place of jurisdiction is Munich.
German law applies.
- Severability clause
Should any clause of these terms and conditions of delivery and payment be inadmissible or invalid, the remaining clauses shall be unaffected in their validity.
In this case the parties undertake to agree on a substitute provision that economically comes closest to the invalid provision.