GTC

General Terms and Conditions of Sale and Delivery (GTC)
of HMB LINTEC marine GmbH, 21614 Buxtehude

1. General / Scope of Application
1.1. These General Terms and Conditions of Sale and Delivery exclusively apply to all our deliveries and services. Deviating or conflicting terms of the Buyer shall not be recognized unless we have expressly agreed to their validity in writing.
1.2. These GTC also apply to all future transactions with the Buyer.
1.3. Our specifications in offers and related documents are an integral part of these GTC.
1.4. These GTC apply only to businesses as defined in Section 310 (1) of the German Civil Code (BGB).

2. Offer / Offer Documents
2.1. Our offers are non-binding unless explicitly designated as binding.
2.2. Orders placed by the Buyer constitute a binding offer that we may accept within two weeks.
2.3. We retain ownership and copyright on illustrations, drawings, calculations, and other documents. They may not be disclosed to third parties without our prior written consent.

3. Prices / Payment Terms
3.1. Our prices are ex works, excluding packaging, freight, customs duties, and import charges.
3.2. Statutory VAT is not included in our prices and will be charged separately.
3.3. The purchase price is due within 14 days from the invoice date. In case of late payment, statutory default interest shall apply.
3.4. The Buyer may only offset claims if they are legally established, undisputed, or acknowledged by us.

4. Delivery Time / Acceptance Obligation
4.1. Delivery periods commence only after clarification of all technical questions and timely fulfillment of the Buyer’s obligations.
4.2. If the Buyer is in default of acceptance, the risk of accidental loss shall pass to the Buyer.
4.3. If delivery is delayed due to force majeure or unforeseeable circumstances, the delivery period shall be extended accordingly.

5. Shipping / Packaging / Transfer of Risk
5.1. Unless otherwise agreed, shipping is at the Buyer’s risk.
5.2. The risk passes to the Buyer upon handover of the goods to the carrier.
5.3. Packaging materials will be handled in accordance with statutory regulations.

6. Installation / Assembly
6.1. If installation and assembly are agreed upon, they will be charged separately.
6.2. The Buyer shall provide a suitable installation environment.
6.3. Delays caused by the Buyer result in additional costs.

7. Warranty
7.1. The Buyer must inspect the goods immediately and report defects within seven days.
7.2. We provide warranty through supplementary performance (rectification or replacement delivery).
7.3. The limitation period for warranty claims is 12 months from the transfer of risk unless otherwise prescribed by law.
7.4. Further claims, particularly damages, are limited to intent or gross negligence.

8. Liability
8.1. Any further liability for damages beyond Clause 7 is excluded unless due to intent or gross negligence.
8.2. Liability under the German Product Liability Act remains unaffected.

9. Intellectual Property Rights
9.1. If we manufacture goods according to the Buyer’s specifications, the Buyer is liable for any infringement of third-party intellectual property rights.
9.2. We are not liable for the infringement of intellectual property rights if the goods are used as intended.

10. Retention of Title
10.1. We retain ownership of the delivered goods until full payment is made.
10.2. The Buyer may resell the reserved goods in the ordinary course of business. The resulting claims are hereby assigned to us.
10.3. The Buyer must handle the reserved goods with care and insure them.

11. Applicable Law / Jurisdiction / Place of Performance
11.1. The contractual relationship is subject exclusively to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2. The place of jurisdiction is Buxtehude, provided the Buyer is a merchant. However, we are also entitled to sue the Buyer at their general place of jurisdiction.
11.3. The place of performance, unless otherwise stated in the order confirmation, is Buxtehude.

Effective: March 2025