Terms of conditions

1. Acceptance of terms of sale, delivery and payment
Our sales are based on the following terms and conditions whereby only the latest issue of our sales literature is valid. Any variations to these and verbal arrangements require our confirmation in writing. Conditions of the buyer shall not be binding to us, also if not expressively objected by us. The placing of an order/contract with us implies acceptance of our conditions.
Validity of contract is only reached with our written order confirmation.
2. Quotations
Our offers are without obligation. Catalogue and price list form part of our offers.
Weights and dimensions, illustrations, performance details, technical drawings and data are subject to change without prior notice, unless contracted and confirmed otherwise.
3. Copyright
All drawings, illustrations, photographs and other documents supplied by us to customers or third parties remain our property and are subject to copyright. They are not to be reproduced or made available to others without our written consent; they are to be stored in a safe place and must be returned to us on demand.
Should production of merchandise to drawings, samples or other customer’s specification involve an
infringement of third party copyrights the customer indemnifies us from and against all claims.
4. Special manufacture
We reserve the right to modify the quantities ordered for special production by plus or minus 10%, also normal production items, which are marked or finished to buyer’s special requirements. Such orders cannot be cancelled once accepted by us. We are unable to accept the return of such items for credit or allowance. If the customer becomes insolvent or bankrupt we reserve the right to sell this merchandise directly. For production to customers documents the customer shall be solely responsible for the accuracy of drawings, samples, gauges etc. On principle samples are only supplied against invoice.
5. Prices
We reserve the right to adjust prices in case there should be changes in basic production costs, such as raw material, power, wages etc. up to the date of delivery.
Parts ordered will only be shipped in packing units identified in our sales literature. Smaller quantities or quantities, which are not divisible by packing units will be packed in paper only and levied with an increase of 25% provided no other information has been given in our sales literature.
6. Terms of payment
Our invoices are payable
Home market:
10 days after date of invoice less 2% cash discount or
30 days after date of invoice net, provided no other
arrangements have been agreed.
Export markets:
According to special arrangements, which are stated on our quotations, pro-forma-invoices, order
confirmations and/or invoices. On principle invoice values below Eur 25.– net do not qualify for cash discount. Drafts will only be accepted after prior arrangements and all charges are to buyer’s account.
In the event of delayed payments or respites we shall charge interests at a rate of 2% above the bank rate of the Deutsche Bundesbank being in force at the relevant time. The credit values of cheques and drafts received are entered for that day, when countervalue is at our disposal.
Terms of Sale, Delivery and Payment
In case we should learn about circumstances restricting the creditworthiness of the customer after a contract has been concluded, we are permitted to ask for payment in advance or other satisfactory securities. Retention of payment due to claims of diminution, transformation or other eventual counter-claims as well as settling of accounts incorporating the above is not permissible.
7. Dispatch and delivery
Unless arranged and confirmed to the contrary delivery is effected ex works, packing excluded.
Goods are delivered at buyer’s risk. Insurance against theft, damages in transit etc. can be arranged on specific request and to customer’s account. We reserve the right to choose the most economic method of transport unless particular instructions are given. Goods, which have been packed to be ready for dispatch for an agreed date must be called off immediately, as otherwise we are entitled to store same at buyer’s risk and cost and to invoice shipment as delivered.
For shipments our minimum net order values are
Home market: Eur 100.– Export markets: Eur 500.–
unless no other terms are quoted in our sales literature.
For orders with smaller values we reserve the right to postpone shipment until minimum order value is reached or to charge a handling fee amounting to Eur 10.–
8. Title to the goods
Goods delivered remain our property until payment is received in full. It is expressly reserved that any law contradicting this clause shall not impair our rights concerning our goods. The buyer may dispose of the goods in the usual businesslike manner provided he is not insolvent or in default.
Should the customer sell goods, which are still our property respective credit is due to our account automatically without express confirmation. The buyer is not entitled to distrain or, as security to third parties, assign goods which are still our property. Until paid for in full we are entitled to demand the release of goods and to enter buyer’s premises with the object of re-taking possession of the goods. We are not obliged to excecute withdrawal and to award postponement at customer’s costs. In case processing, further treatment or inseparable blending of provisogoods is effected with other merchandise or parts not belonging to us, we automatically gain partial ownership on the processed goods to such value as it is in relation to the processed or blended merchandise at the moment of processing or blending. Should supplied goods through buyer or on behalf of buyer be subjected to alterations or be used as part of larger units, then automatically partial ownership is transferred to the changed merchandise or the produced larger units. The buyer storing seller’s
property or partial property is obliged to secure same against fire, theft and water. Eventual claims for damages against insurance companies resulting from damages mentioned before are to be assigned to us representing the amount of our claim. Distraints and/or any other limitation, which might be imposed on our property despite the reservations outlined in the proceeding sentences must be reported immediately. Notwithstanding the conditions outlined above, goods are at the entire risk of the buyer from the date of delivery.
9. Time of delivery and delays
All information given in respect of delivery period is approximate and without obligation. Liability in case of delay in delivery, interest for delay and/or damages cannot be accepted. The time of delivery
begins only after clarification of all clerical and technical details. We are permitted to effect part shipments.
10. Force majeure
Force majeure, such as strike and lock-out, catastrophes of any kind, break-down in supply of any kind, delivery of faulty material or other restrictions through force majeure shall release us from our liabilities, no matter if occured with us or our subsuppliers.
11. Claims
Claims must be made immediately on receipt of the goods and in writing, as otherwise such claims will not be accepted by us. Amendments to or deductions from invoices will not be accepted. The customer is not entitled to make claims above the nominal value of the goods involved. Damages in transit are to be claimed with the carrier.
12. Guarantee, warranty
All HEYCO tools are carefully tested before leaving our works and are fully guaranteed. We shall replace free of charge any tool indicating faults of material and workmanship. Any further liability is excluded. Tools returned as faulty, which on inspection/ test prove to have failed due to abuse, incorrect use or fair wear and tear are excluded from this guarantee and replacement will be charged.
13. Liability
Claims for compensation due to missing of promised features, delays, impossibility of performance, guilty violation of contractual secondary obligations, faults with conclusion of contract as well as unauthorized action are excluded save where our legal representatives are shown to have acted on purpose or negligently. Liability even for careless violation is limited to compensation, which is foreseeable at the moment of conclusion of contract.
14. Settling place and place of competency
Remscheid is the settling place for delivery, payment and competency of justice in case of dispute. Only the law of the Federal Republic of Germany shall govern.
15. Export and re-export
Only with our written approval HEYCO goods may be exported or re-exported.
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