Terms and conditions
Terms and conditions of Jens Heydn Maschinen Handels GmbH
1. General conditions:
Selling only to traders.
The following General Terms and Conditions are valid for all contracts, deliveries and other services.
We herewith object explicitly all deviating prescriptions of the contractual partner.
All additional agreements need to be confirmed in writing by us. Messrs. Jens Heydn Maschinen Handels GmbH is at all times authorized to change or to complete these General Terms and Conditions including all potential enclosures within an adequate period of notice. Orders which have been placed prior to this will be handled according to the previous General Terms and Conditions still applicable.
Our offers are subject to change, without obligation and subject to prior sale. All documents belonging to the offer such as illustrations, drawings, indications of weight and dimensions are only approximated values as far as they are not expressly declared to be obligatory. If we provide any drawings or technical documentation to the customer concerning the object of purchase to be delivered, these ones will remain in our ownership.
3. Application-technological advice
We render application-technological advice to the best of our knowledge based on our experiences. However, all indications and information on suitability and application of our goods are without obligation and do not disburden the purchaser from own verifications and tests. The buyer is responsible for the observation of legal and regulatory prescriptions as per the use of our goods.
4. Conclusion of contract
Purchase orders of the buyer are obligatory for him/her. If we do not give any other written confirmation, delivery or invoice will be considered as confirmation of order.
5. Online order
Your online order will be hold as accepted if you receive our confirmation of order by telefax within two days after your online order. You will have to sign this confirmation of order and to return it by telefax within two work days.
6. Delivery and payment
Messrs. Jens Heydn Maschinen Handels GmbH's conditions of delivery and payment comply with the following regulations:
- Minimum contract value per order respectively per invoice € 50,--
- All prices are net plus VAT.
- Goods are sold ex stock Minden respectively ex site.
- The goods can be collected directly after reception of payment.
- Shipment and packing will be invoiced separately.
- Packaging material will be invoiced at original costs, taking back of packaging material is impossible.
Dates and periods of delivery are only considered as agreed upon approximately if we did not render a written confirmation expressly as obligatory. If the purchaser does not clarify all the order details in due time, the delivery dates will extend correspondingly. Delivery dates are considered to be adhered to with readiness for shipment.
7. Conditions of payment
- The purchase price is to be credited completely to the account of Messrs. Jens Heydn Maschinen Handels GmbH. The buyer has to pay all costs and fees caused by money transfers and bank transfers.
- Messrs. Jens Heydn Maschinen Handels GmbH do not allow any cash discount deduction or discount except for the fact that the management has given a corresponding confirmation in writing.
- If there is delay in payment caused by the buyer, we are entitled to claim interest for delay being 10 % above the basis interest rate. The assertion of a precise damage caused by delay remains reserved.
- The buyer will only have set-off rights if his counterclaims are legally ascertained, undisputed or accepted by us.
We sell used and new machines on second-hand basis excluding any warranty only in the condition in which they are and with the actually existing accessories. Any liability for open or hidden defects is excluded in this case as well as any liability for damages. This applies also to any claim for reimbursement of any consequential harm by a defect. The goods are considered to be accepted and approved with inspection, collection and shipment.
- The buyer has the right to inspect or to check the goods before conclusion of contract. If the buyer does not make use of this right, he/she acknowledges unseen the condition of the goods.
- We guarantee according to legal requirements as far as the customer claims for damages being based on premediation or gross negligence. As far as we are not accused of premediated breach of contract, liability for damages - as far as preceding no further limitation of liability takes effect - will be limited to the foreseeable typically occurring damage.
- Limitation period for rights to claim is 12 months from transfer of perils.
9. Reservation of proprietary rights
The goods remain property of Messrs. Jens Heydn Maschinen Handels GmbH until complete payment. In case of delay of payment Messrs. Jens Heydn Maschinen Handels GmbH are entitled to take the goods delivered with retention of title without existence of a judicial title or an authorisation after assertion of the retention of title by entering the business rooms by authorised persons having presented a corresponding legitimation.
The buyer will have to bear the complete cost for the removal.
10. Applicable law, place of jurisdiction, partial nullity
- Minden ist the exclusive place of jurisdiction of both parties in trading for all disputes resulting directly or indirectly from the contractual relationship - even from documents, bills of exchange and cheques.
- The law of the Federal Republic of Germany will be effective. Application of UN purchase law is barred.
- Even if individual regulations of these conditions or of the respective contracts are or become null and void, the validity of the other regulations will not be affected.