General Terms and Conditions of Manfred Huck GmbH for online ordering
Sales and delivery conditions - valid as of 01.01.2021
The following conditions form a significant part of the sales contract. They shall be deemed to be accepted by the buyer when an order is placed. Deviating conditions of the customer are then non-binding for us even if we do not expressly object to them.
All offers based on this list are subject to change, non-binding and do not obligate the acceptance of an order. Offers made by telephone need to be confirmed in writing. In case of doubt, the written confirmation applies.
We reserve the right to make technical changes and modifications that serve the further development of our articles and are reasonable for the buyer.
We have the right to change differing order quantities to the next higher packing unit without further inquiry.
Custom-made products are generally excluded from exchange and return, as long as they are not afflicted with defects.
All prices are net and exclusive of the current statutory VAT. With the publication of a new catalogue or a new price list, all previous price lists become invalid. Upon publication of this catalogue, all previous price lists shall be null and void.
Our prices are non-binding to the extent that significant changes in raw-material prices and wages may occur after the publication of this catalogue and therefore the calculation bases may no longer apply. Should there be more than four months between the conclusion of the contract and the agreed delivery date, and unless otherwise agreed at the conclusion of the contract, our prices at the time of delivery or preparation shall apply.
We reserve the right to pass on the additional costs of raw materials in case of price increases in that area (steel, plastic, etc.) after completion of our catalogue. As a result, article prices may in some cases change correspondingly. Prices shall be valid for at least 1 year after the release of a catalogue, or until a new price list is published.
Our prices are quoted “ex works”, including packaging.
International and overseas from EURO 2 500.-- net goods value free of charge to German border or FOB to German internationals ports. International payment transactions by irrevocable letter of credit.
10 days after invoice date 2% discount, 30 days after invoice date net. In case of late payment interest charged at 1% from the 31st day after date of invoice.
Deliveries to companies not known to us are made cash on delivery or against prepayment. If court action and out-of-court collection costs becomes necessary due to payment arrears we are entitled to charge the debtor.
Small orders under 25,- Euro without VAT (29,75 Euro incl. VAT) require a processing surcharge of 10,- Euro net (11,90 Euro incl. VAT). Deliveries with an invoice value of less than 50,- Euro net (59,50 Euro incl. VAT) are not entitled to a discount.
The following packaging costs will be charged for pick-ups:
less than 50,- Euro net value of goods (59,50 Euro incl. VAT): 5,- Euro net (5,95 Euro incl. VAT)
under 200,- Euro net value of goods (238,- Euro incl. VAT): 10,- Euro net (11,90 Euro incl. VAT)
from 200,- Euro net value of goods (238,- Euro incl. VAT): 25,- Euro net (29,75 Euro incl. VAT)
Our liability shall extend to sound handmade production, use of adequate materials and stable and durable construction. You shall notify us immediately of any deficiencies discovered, at the latest within three days of receipt of the goods or of discovery of the deficiency, should this only appear later, inasmuch as the buyer is a trader Otherwise the goods shall be presumed to be approved.
To the extent that no consumer sale has been made, we shall repair or replace free of cost at your option. Should a consumer sale have taken place, the buyer shall be able, in case of a justified complaint, to demand a repair or replacement at his option. Entitlement to a cancellation or reduction and/or to compensation shall only be given if according to our decision repairs cannot be carried out, are not possible or are unreasonable or a replacement cannot be made or the deadline for the same is not observed or an adequate extension given to us is not observed through our own fault.
Should the repair or replacement finally fail, the buyer shall be able to demand a reduction in the fee or at his option the cancellation of the contract and/ or compensation.
The statutory provisions apply.
Wooden parts: for Douglas fir wood used with post shoes we shall assume a 10 year guarantee, for cross beams and head beams a 5 year guarantee. Directly installed wooden posts have a guarantee of 3 years. All guarantee periods apply to breakage and rot.
Steel posts: hot-dip galvanised steel posts have a 15-year guarantee against rusting through. Excluded are weather-related, cosmetic defects or discoloration (e.g. surface corrosion, white rust or similar) as well as corrosion-related damage caused by salt water in the case of installations near the coast or by water containing chlorine.
For all other parts (except wear parts) we offer a 5-year warranty against breakage and material defects. Our guarantee is assumed to the extent described under point Liabilities/Complaints.
The warranty does not cover parts subject to short-term wear and tear (wearing parts). The legal warranty rights of the buyer remain unaffected. Excluded from the guarantee are damages which are due to wilful destruction (vandalism), improper installation, inadequate maintenance or natural wear and tear.
It is mandatory that our installation and maintenance instructions are followed.
Delivery times specified by the buyer and their receipt do not constitute a promise of delivery. No compensation claim can be derived from a breach of delivery times. Force majeure and strikes either on our premises or on those of our preliminary suppliers shall release us from delivery obligations If delivery is not possible, in the presence of the conditions described above, the term of delivery shall be extended.
Retention of title
Para 449 BGB (German Civil Code) forms the basis of all sales. All goods delivered by us remain in our ownership until payment in full of the current account receiveables has been made. If the goods are sold on then the due purchase price is deemed to be assigned to us instead. Garnishment and any other adverse effect on our right of ownership must be reported.
Place of fulfilment
Place of fulfilment for deliiveries and payment is Aßlar-Berghausen. The district court of Wetzlar/Regional court of Limburg are deemed to be agreed as place of jurisdiction, for both parts for the placement and acceptance of orders, provided that the
buyer is a registered tradesman, a tradesman by law, a legal person under public law or a legal entity under public law. German law shall apply to the exclusion of the Convention on the Sale of International Goods.
Should individual provisions of the sales and delivery provisions be or become invalid in whole or in part, then the validity of the remaining provisions shall not be affected as a result.
Deliveres are respectively made “ex works”. The loading and the necessary resources and staff must be organised by the customer. Upon request we are able to offer unloading separately for a surcharge.