General Conditions of Sale

1. Payment terms:

1.1 Inland (Germany)

Within 10 days with 2% discount or net within 30 days. First order against prepayment.

1.2 Foreign countries

Always payment in advance, unless agreed otherwise.

2. Our offers are generally free. Our prices are principally valid for dispatch from Giebelstadt (ex-works-Giebelstadt).

2.1 Inland (Germany) and Austria

The minimum order value is EUR 100,00 net. For orders below 100,00 EUR net, we invoice an extra charge for small quantities in an amount of 10,00 EUR net.
Orders over EUR 500,00 net in Germany or EUR 1.000,00 net in Austria will be delivered free of charge, but without island surcharges. If the order value is less than EUR 500.00 (DE) or EUR 1.000,00 (AT) net, we charge a flat shipping and packaging fee per package (post/parcel service). For bulky items (delivery by forwarding agent), the actual freight costs will be invoiced.

2.2 Foreign countries

The minimum order value is EUR 500,00 net. 
Package and freight will be fully charged. Delivery always duty unpaid.

3. Invoices may be sent by mail or e-mail at our discretion. The customer agrees to receive invoices electronically. Electronic invoices shall be sent to the customer by e-mail in PDF format to the e-mail address provided by the customer for the purpose of receipt. The customer undertakes to create the technical conditions for being able to retrieve the invoice as agreed. The customer shall notify us without delay of any change in the e-mail address designated for sending the electronic invoice. The electronic invoice shall be deemed received upon receipt of the e-mail to which the electronic invoice is attached. The customer may revoke the consent to the electronic invoice dispatch in writing at any time.

4. We decide upon mode of transportation, package and shipment, being exempt from liability for risks resulting there from. Shipment is carried out at the risk of the customer. Special delivery services requested by the customer (express delivery e.g.) will be subject to a surcharge and will only be used at the customers risk. This also refers to requested special packaging.
Our prices are subject to changes. Upon issuance and validity of a revised price list, all previously stated or quoted prices are immediately obsolete. All prices do not include VAT.
All measurements, weights and photos are approximate indications and are not guaranteed.

5. Delivery dates are only estimated. Self-delivery is in any case subject to reservation. We are not liable for any failure caused by superior force, legal changes, closing down, strike or similar circumstances whatsoever, which are not directly within our control. For such periods and their after-effects we are suspended from delivery and the term of delivery will be extended accordingly. We are also entitled to withdraw from a contract. Damage claim from the customer – for which legal reason ever – is excluded. Part-deliveries are permissible.

6. Should, after closing of the sales contract, financial difficulties on part of the customer arise, all open liabilities are valid immediately. Instead of the agreed terms of payment we can claim prepayment.
In the case of delayed payment, we reserve the following rights:
We can claim fulfilment of all contracts or withdraw from all contracts or claim compensation due to non-compliance, we can claim retention of title, take possession of delivered goods, fix a due date on all overdue and outstanding payments, claim interests on arrears and claim further penalty for delay.

7. Delivered goods remain our continued property until the buyer has settled all his obligations resulting from the sales contract. This is also in effect for individual and for all amounts of an invoice.
Should the affected goods have been resold to a third party at the time when we claim proprietorship, seller’s demands will be against that third party up to the full amount of debt due to us. Bailment or mortgage of the goods is not admitted to the customer. Resale can only be done by retention of title, unless of cash payment on delivery. Resale is not permitted for the goods of overdue invoices.
With the order the customer assigns all claims and conditions from eventual resale to the third party, no matter if the goods are resold before or after further treatment. At the same time we accept such assignment. If the goods in question are resold together with other goods, this advanced assignment only refers to our value of goods.
The customer is allowed to collect the assignment receivables – even after assignment. Our authorisation to collect the receivable is not being touched. We commit, however, not to collect our receivables as long as the customer meets with the terms of payments. The customer has to inform us – whenever we ask him - of assignment receivables and the corresponding party liable. In addition he has to provide us with all information necessary to collect our receivable, including all necessary documents, and he has to inform the debtor party of the assignment.
We commit ourselves to open the security whenever the value of the security exceeds the receivable to be assigned by more than 15 %.
The customer has to inform us immediately whenever a levy of distress or similar actions of a third party occurs. The customer has to provide us in such case with all necessary documents. The cost, related to an intervention necessary, has to be carried by the customer.

8. We supply perfect quality goods. In case of claims goods must be returned to us free domicile in the original packing. In case of legitimate and justified claims we either replace the goods or a credit note will be issued. We are exempted from all further claims.

9. Verbal and telephone agreements, commitments made by our account executives and representatives only become valid upon written confirmation.

10. Should any of these rules herein be or become invalid, it does not affect the others. The customer is pledged to replace invalid rules in consent with us by analogous rules.

11. The customer‘s own conditions of sale are not binding for us. In any case only our conditions of sale are valid and agreed upon by acceptance of our order confirmation. This also refers to other conditions of sale in which recognition of other conditions is declined.

12. Place of delivery and jurisdiction of subject matter is the location of H.Andreas and according to jurisdictional amount the court in D-97070 Würzburg – also in case of action on a check or a bill.

13. Without exception the law of the Federal Republic of Germany is applicable.
International business transactions are subject to the Viennese UN-agreement for contracts and international sales, dated 11.04.1980, if the customers’ branch is located in one of the contracting states and the agreement is basically applicable.

H. Andreas GmbH