Hazet 2019 Tool Catalogue

493 II. Special Conditions for Goods on Recall For business with continuous deliveries HAZET must receive release orders and type categories for roughly the same amount per month. If the release orders or type categories are not given on time, HAZET is entitled, after the deadline has expired without any result, to categorise and deliver the goods itself, or to rescind from the outstanding part of the transaction and demand compensation instead of payment. III. Force majeure and other obstacles to delivery 1. Force majeure events, such as strike, lockout, mobilisation, war, blockade, export and import bans, raw material and fuel shortages, fire and other circum- stances which are not the fault of HAZET shall entitle HAZET to postpone the delivery for the duration of the obstacle and an appropriate start-up time. This applies irrespective of whether the above-mentioned circumstances occur at HAZET, the preliminary supplier or one of the subcontractors. 2. The Purchaser can demand an explanation from HAZET as to whether deliv- ery will take place within an appropriate period or whether a rescission from the contract should be considered. If HAZET does not make a declaration within an appropriate deadline, the Purchaser can itself rescind from the as yet unfulfilled part of the delivery. 3. The declaration made by the preliminary supplier or the sub-contractor to HAZET regarding circumstances which have occurred at their premises pursuant to B.III. 1. are deemed as sufficient proof that HAZET is not responsible for the hin- drance of the delivery. IV. Dispatch and Passing of Risk 1. The forwarding agent or freight carrier shall be determined by HAZET. In the absence of any special agreement, the choice of route and means of transport is entrusted to HAZET, excluding any liability. 2. Release orders must be given without undue delay for goods which have been notified as ready for dispatch on the agreed date. HAZET is otherwise entitled to store them as it sees fit at the Purchaser’s expense and risk, and invoice them as delivered ex works or warehouse. The means of transport must be unloaded immediately if the delivery is made with carriage paid. The costs for any periods of delay shall always be borne by the Purchaser. 3. The risk shall in any case – including a confiscation – pass to the Purchaser when the goods are handed over to the forwarding agent or freight carrier or at the latest when the goods leave the plant or warehouse – e.g. even if the deliv- ery is made with carriage paid. 4. The Purchaser is obliged to examine the goods for damage and defects immedi- ately after receipt. Defects and incorrect quantities of deliveries must be reported to HAZET no later than 7 days after receipt of the goods, as otherwise the goods will be deemed to have been approved. The Purchaser must immediately notify the responsible shipping agent,, transport/freight company or post office, as well as HAZET, of any transport damage and obvious defects. 5. Premature deliveries which the Purchaser can be reasonably expected to accept and excess or short deliveries which are customary in the trade are permitted. 6. The requested amount does not have to be reached or may be exceeded by up to 10 % for custom-made products. Also considered as custom-made products are mass-produced articles which the Purchaser explicitly wishes to have a spe- cial designation. The Purchaser is not entitled to a right of rescission. The goods cannot be returned to HAZET. V. Defects and Warranty 1. At the discretion of HAZET, all goods will be repaired free of charge, re-delivered or performed again (subsequent performance) if they (irrespective of the length of operation) display defects within the limitation period, the cause of which was already present at the time when risk was transferred. 2. HAZET must always be first granted an opportunity for subsequent fulfillment pursuant to B.V.1. within an appropriate deadline. 3. Claims due to liability for defects do not exist in the event of only minor deviation from the agreed characteristics, in the event of only minor impairment of usabil- ity, in the event of natural wear or damage which emerges after the transfer of risk due to incorrect or negligent handling or any other particular external influ- ences. 4. Statutory recourse claims by the Purchaser against HAZET only exist as far as the Purchaser has not come to any understanding with its customer which exceeds the statutory claims due to liability for defects. 5. The reimbursement pursuant to B.V.4. above is limited to the cost price (e.g. transport and material costs) incurred by the Purchaser but not its profit margin towards the customer. 6. Further claims by the Purchaser due to material defects, which are asserted against HAZET and its vicarious agents, are excluded subject to the regulation in B.VI . of these Terms and Conditions. 7. Claims based on liability for defects have a statute of limitations of one year as of delivery. 8. Claims by the Purchaser based on damage arising from the violation of sec- ondary obligations in a purchase contract, which do not constitute a defect, also have a statute of limitations of one year. 9. HAZET vouches that the goods supplied by HAZET are free of commercial property rights and/or copyrights of third parties. HAZET is obliged to exempt, independently of fault, the Purchaser from all claims that are lodged by third par- ties on account of the violation of commercial property rights and/or copyrights of third parties, and reimburse to the Purchaser all necessary expenses in con- junction with this utilisation. Legal costs shall be reimbursed by HAZET based on the Lawyer Fees Act („RVG“). The Purchaser shall inform HAZET immediately in writing if claims are asserted against the Purchaser in relation to the supplied goods on account of the violation of property rights of third parties. VI. Warranty HAZET offers a full quality guarantee on all tools showing material defects or faulty workmanship. All adapters are excluded from the guarantee. The guaran- tee on sockets for impact operation is limited to material defects and/or faulty workmanship. The guarantee does not cover the sockets’ normal wear and/or tear damage. The guarantee will not be valid for tools which cannot be used any more due to their old age or due to abuse or improper use. The relevant operat- ing instructions and safety instructions for the HAZET tools shall be considered in this context. The general safety instructions as well as the data in the HAZET tool catalogue shall also be considered. An improper use of tools occurs, espe- cially, in case of: • an exceeding of the normal or specified loading capacity of the tool (for instance when using a diagonal cutter on a wire too that is hard or in case of chisels, centre punches or drift punches that are used on steel that is too hard or for work that is too heavy). • the further use of a tool that already shows damage or defects. • the operation of screws and nuts with a wrong-sized socket. • tools that have been modified. • the use of sockets designated for manual operation on impact wrenches. • the improper use of tools (e.g. use of screwdrivers as chisels or pry bars etc.). In order to make use of the guarantee right, the Purchaser shall send the tool carriage free domicile via specialist trade to HAZET in the event of a material or manufacturing defect. HAZET shall check the tool. If a material or manufactur- ing defect is present, HAZET shall replace the goods or repair the goods free of charge. VII. Liability 1. Compensation claims on whatever legal grounds which are made by the Pur- chaser are excluded unless based on cases of intent, gross negligence, bodily injury, death or damage to health, due to the violation of a guarantee pursuant to § 444 BGB, inability or the violation of a major contractual obligation. 2. The compensation for the violation of a major contractual obligation is, however, limited to the foreseeable damage which is typical in contracts unless there is intent or gross negligence or liability due to bodily injury, death or damage to health or due to a guarantee pursuant to § 444, BGB. A reversal of the burden of proof to the Purchaser’s disadvantage is not associated with the above regula- tions. 3. The provisions of the product liability law shall apply without restrictions. 4. In the event that the Purchaser is obliged, on account of a defect in the supplied goods of HAZET, to implement a recall action in respect to a third party, HAZET shall bear the costs associated with the recall action insofar as the measures are reasonable and have been agreed with HAZET before any costs are initiated. 5. HAZET has concluded an appropriate product liability insurance policy to safe- guard corresponding measures. C. Final provisions 1. The place of fulfillment and exclusive court of venue for all disputes directly or indirectly resulting from this contractual relationship is Remscheid. 2. The legal relationship between HAZET and the Purchaser is exclusively subject to the law of the Federal Republic of Germany excluding the respective national provisions on the international conflict of laws, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated April 11, 1980. 3. These Terms and Conditions shall apply until revoked. 4. Should any one of the clauses in these Terms and Conditions be or become invalid either in part or in full, the validity of the rest and/or the other provisions shall not be affected. Remscheid, September 2018 Information General Terms and Conditions of Sale, Delivery and Payment