Terms and Conditions

Scope:

General Terms and Conditions of
HELTEK Maschinenbau GmbH & Co. KG
(Westendorfer Straße 51, 29683 Bad Fallingbostel, Germany)

(1) These terms and conditions of sale apply to entrepreneurs (Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law within the meaning of Section 310 (1) of the German Civil Code (BGB), as well as to consumers (Section 13 of the German Civil Code).

(2) These Terms and Conditions of Sale shall also apply to all future transactions with the Buyer, provided that they are legal transactions of a similar nature.

§ 2 Conclusion of the contract

(1) The order signed by the buyer or sent to us by email constitutes a binding offer (Section 145 of the German Civil Code). We can accept this offer within two weeks by sending an order confirmation in written or text form (e.g., email), confirming the execution of the order.
(2) The presentation of the products on our website does not constitute a legally binding offer on our part, but merely an invitation to place an order on your part.
(3) Requests addressed to us for a quote are non-binding; we will respond to such requests with a binding offer in text form (e.g. by email), which you can then accept within 5 days.
(4) Unless a delivery/completion date is marked as binding, it is non-binding and does not constitute a fixed date.

§ 3 Prices and payment

§ 3 Prices and payment
(1) The prices stated in the respective offers/quotations represent net prices.
(2) Unless otherwise agreed in writing, our prices are ex works excluding packaging and plus VAT at the applicable rate.
(3) Payment of the purchase price must be made exclusively to the account indicated on the invoice.
The deduction of discounts is only permitted if there is a special written agreement.
(4) Unless otherwise agreed, the purchase price is to be paid in advance (prepayment). If payment upon invoicing has been agreed, the purchase price is to be paid within 10 days of invoicing. If the payment date is exceeded, default interest will be charged at a rate of 9 percentage points (for businesses) or 5 percentage points (for consumers) above the respective base interest rate of the ECB. We reserve the right to assert higher damages for default. In the event that we assert higher damages for default, the buyer has the opportunity to prove to us that the claimed damages for default did not arise at all or were at least significantly lower.

§ 4 Offsetting and retention rights

The buyer is only entitled to offset if his counterclaims have been acknowledged in writing or legally established. The buyer is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 5 Transfer of risk and transport/delivery

(1) Unless otherwise agreed, the Buyer shall collect the goods at his own expense ex works (EXW). The Seller shall notify the Buyer that the goods are ready for collection. Collection must take place within 7 days of the collection notification. The transfer of risk shall take place upon receipt of the goods by the Buyer, but no later than upon expiry of the 7-day period.
(2) If delivery is agreed otherwise, it shall be free carrier “FCA”, subject to the following conditions:
(2.1) If delivery within Germany is agreed, the Seller shall commission a suitable transport company. Upon the Buyer's written request, the Seller shall take out suitable transport insurance.
(2.2) If delivery to an EU member state or a third country (not an EU member state) is agreed, the buyer shall commission a suitable transport company. The buyer shall take out appropriate transport insurance if necessary.
(2.3) The transfer of risk occurs upon handover to the carrier. The costs incurred by the Seller for packaging and transport will be invoiced separately to the Buyer.
(3) If the buyer defaults on acceptance or culpably breaches other obligations to cooperate, we are entitled to demand compensation for the resulting damage (in particular storage costs), including any additional expenses. Further claims remain reserved. The buyer remains free to prove that no damage of the claimed amount has occurred at all or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item shall pass to the buyer at the time the buyer defaults on acceptance or payment.

§ 6 Retention of title

(1) The goods remain the property of the seller until full payment has been made. However, the buyer is authorized to sell the goods to customers in the ordinary course of business. The buyer hereby assigns to the seller any claim against the third party arising from the sale. The buyer is entitled to collect the claim against the third party in its own name. The seller reserves the right to disclose the assignment of the claim against the third party at any time and to assert the claim itself.
(2) If the buyer defaults on payment, the seller is entitled to withdraw from this contract and repossess the goods. The seller is obligated to release the securities to which it is entitled – even partially, if necessary – to the extent that their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 50%.

§ 7 Warranty

In the event that you are an entrepreneur within the meaning of the definition listed in Section 1, the following applies:
(1) The exercise of warranty rights by a commercial buyer requires that the buyer has fulfilled his obligation to inspect and give notice of defects in accordance with Section 377 of the German Commercial Code (HGB) within 7 days of the transfer of risk.
(2) Claims for defects by a commercial buyer expire 12 months after the buyer has collected the goods. If the purchased item is used goods, the assertion of warranty claims is excluded entirely. Our consent must be obtained before any return of the goods.
(3) Should, despite all due care, the delivered goods exhibit a defect that already existed at the time of transfer of risk, we will, at our discretion, repair the goods or deliver replacement goods, subject to timely notification of defects. We must always be given the opportunity to remedy the defect within a reasonable period of time. If the buyer returns the goods to the seller, a processing fee of €20.00 will be charged for the return shipment.
Recourse claims remain unaffected by the above provision without restriction.
(4) Claims for defects shall not apply in the event of only insignificant deviations from the agreed quality, only insignificant impairment of usability, natural wear and tear, or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive use, unsuitable operating materials, defective construction work, unsuitable building ground, or due to special external influences not assumed under the contract. If the buyer or third parties carry out improper repairs or modifications, these and the resulting consequences shall also not be subject to claims for defects.
(5) The Buyer’s recourse claims against us shall only exist to the extent that the Buyer has not made any agreements with his customer that go beyond the legally mandatory claims for defects.
In the event that you are a consumer within the meaning of the definition set out in Section 1, the following applies:
(6) The buyer is obliged to notify us of any obvious defects in writing within four weeks of delivery of the contractual item.
(7) The warranty period is two years, calculated from the transfer of risk. If the purchased item is used goods, the warranty period is one year, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damages, unless claims based on tort are asserted.
(2) If the buyer defaults on payment, the seller is entitled to withdraw from this contract and repossess the goods. The seller is obligated to release the securities to which it is entitled – even partially, if necessary – to the extent that their total sales value exceeds the sum of all outstanding claims of the seller arising from the business relationship by more than 50%.

§ 8 Disclaimer

(1) Notwithstanding the above provisions and the following limitations of liability, we shall only be liable for damages to life, body, and health resulting from a negligent or intentional breach of duty by our legal representatives or vicarious agents. Furthermore, for damages subject to the Product Liability Act. Finally, for damages resulting from an intentional or grossly negligent breach of contract or fraudulent intent.
(2) To the extent that we have provided a guarantee of quality and/or durability with respect to the goods or parts thereof, we shall also be liable within the scope of this guarantee. However, we shall only be liable for damages resulting from the lack of the guaranteed quality or durability, but not directly affecting the goods, if the risk of such damage is clearly covered by the guarantee of quality and durability.
(3) We are also liable for damages caused by simple negligence, insofar as this negligence concerns the breach of contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable to the extent that the damages are typically associated with the contract and foreseeable. Otherwise, we are not liable for simple negligent breaches of ancillary obligations that are not essential to the contract. The limitations of liability contained in sentences 1-3 also apply to the extent that the liability of legal representatives, executives, and other vicarious agents is affected.
(4) Any further liability is excluded regardless of the legal nature of the asserted claim. For the avoidance of doubt: In particular, loading and unloading damage to transport vehicles, damage caused by waiting times, and damage resulting from operational downtime are excluded, provided that this is caused by a defect in the purchased item.
To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

§ 9 Safety regulations

(1) The machines newly manufactured by the Seller comply with the applicable German and European quality and safety regulations (DIN standards/certificates). The Buyer is responsible for checking and ensuring compliance with quality and safety regulations from non-EU (so-called third-party) countries at its own expense.
(2) The (used) machines maintained or newly repaired by the Seller comply with the German and European quality and safety regulations at the time of manufacture.

Revocation

§ 10 Consumer's right of withdrawal

If the buyer is a consumer within the meaning of Section 1, he or she is entitled to a right of withdrawal in accordance with the statutory provisions. If the buyer exercises his or her right of withdrawal, he or she shall bear the costs of returning the goods. In addition, the provisions of the following shall apply to the right of withdrawal.
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The cancellation period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us, the
HELTEK Maschinenbau GmbH & Co. KG
Westendorfer Strasse 51
29683 Bad Fallingbostel
Phone: 0049 (0) 5163-91000
Fax: 0049 (0) 5163-720
Mail: info@heltek.de
by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the following sample withdrawal form, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.

Sample cancellation form
To: HELTEK Maschinenbau GmbH & Co. KG
Westendorfer Strasse 51
29683 Bad Fallingbostel
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*) – Order number (*)
– received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
if notification on paper:
– Signature of the consumer(s)
- Date
(*) Delete as appropriate

Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to us immediately and in any event no later than 14 days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
– End of the cancellation policy –


§ 11 Miscellaneous
(1) This contract and the entire legal relationship between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contract language is German.
(2) The place of performance and exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office, unless otherwise stated in the order confirmation.
(3) All agreements made between the parties for the purpose of executing this contract are set out in writing in this contract.
(4) These general terms and conditions apply exclusively. General terms and conditions of the (commercial) buyer apply only to the extent that the seller has expressly agreed to them in writing.
(5) Should individual provisions of this agreement be or become invalid or contain a gap, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that most closely approximates the economic purpose of the invalid provision or fills the gap.