General Terms and Conditions of HIKITEC GmbH (as of 10/2021)
1. general
The price quotations made by the company HIKITEC GmbH and the order conditions issued by it are exclusively based on the following conditions. Any changes to these conditions require the written consent of HIKITEC GmbH. In addition, HIKITEC GmbH reserves the right to accept or reject orders. The placing of an order following a price quotation made by HIKITEC GmbH is not binding for HIKITEC GmbH until a written order confirmation has been received.
2. prices
The prices quoted are ex works, plus statutory value-added tax, freight, insurance, packaging, and data transfer. Packages are sent by parcel service. Large deliveries are made by a forwarding agent commissioned by us free curbside. Large deliveries are made by a forwarding agent commissioned by us free curbside. Our prices do not include disposal costs unless shown separately.
3. price fluctuations
The prices indicated are daily prices for long-distance imports and are subject to currency and market fluctuations. We reserve the right to adjust prices (also already confirmed prices) in case of strong fluctuations, if necessary.
4. claims for damages
Claims of the client are excluded in any case. In case of non-acceptance of ordered goods, 25% compensation is due.
5. retention of title
All delivered goods remain our property (reserved goods) until all our claims have been fulfilled, even if payments are made for specially designated claims. The Buyer undertakes to sell the reserved goods only in the ordinary course of business in accordance with the following provisions under its normal terms and conditions, and as long as it is not in default. The purchaser already now assigns his claim from a resale to us. He is entitled to collect the assigned claims until our revocation, which is possible at any time. Insofar as our claims are due, the purchaser is obliged to immediately transfer the collected claims to us. The buyer is in no case entitled to assign the claim. The buyer is in no case entitled to assign the claim. The purchaser must inform us by registered letter of any access by third parties to the goods or claim. We are entitled at any time to prohibit the resale of goods subject to retention of title.
and to revoke the direct debit authorization if the Buyer is in default or if circumstances become known which are likely to reduce its creditworthiness. and to revoke the direct debit authorization if the Buyer is in default or if circumstances become known which are likely to reduce its creditworthiness. In this case, we are entitled to demand the return of the goods at the buyer’s expense, to take them away or, if the goods have already been resold.
6. production
Minor deviations in quality or design, are permitted. HIKITEC GmbH reserves the right to make technical changes to improve the product. Due to the manufacturing possibilities given in the producing countries, especially in the case of mass production, the quality standard is conventional “grading”. Due to the manufacturing possibilities given in the producing countries, especially in the case of mass production, the quality standard is conventional “grading”. Printing inks are produced according to Pantone or HKS scales. They can only be conditionally adjusted to them due to the substrate and must be accepted.
7. tolerances
Since differences cannot be prevented in a production, maximum deviations are defined in tolerance values for the expected quality.
A tolerance of ±0.1 mm is understood to mean a variation of 0.2 mm. As a rule, materials are processed into end products that already show differences in themselves and due to the printing before print finishing. A distinction is therefore made between:
Imported differences
Tolerances in print finishing
8 .memory
Minor deviations in specified storage capacities (e.g. USB sticks) are due to technical reasons and must be accepted. They do not constitute grounds for complaint.
9. scope of supply and services
Excess or short deliveries of up to 10% (depending on production and article) are due to technical reasons and must be accepted. Excess or short deliveries will be settled with the customer. Excess or short deliveries do not entitle the customer to refuse acceptance or to withdraw from the contract.
10. defect report
The purchaser must give notice of defects in writing within 10 days of receipt of the goods by us. Goods which are the subject of a complaint must be sent to us on request at the expense and risk of the purchaser. Goods recognized by us as defective shall, at our discretion, be repaired free of charge, replaced or taken back against credit of the invoice amount. Instead, we can also replace the reduced value. Further claims of the buyer are excluded. The purchaser’s warranty rights shall lapse as long as the purchaser is in default or has treated the goods improperly, or has attempted or carried out repairs or modifications to them without our consent, or has had them carried out by third parties. No liability is assumed for the infringement of industrial property rights. The same conditions apply to the delivery of replacement items as to the original service.
11. force majeure
HIKITEC GmbH cannot be held liable for failure to fulfill an obligation under the contract if the failure is the direct or indirect result of an event beyond the control of the seller. This includes, but is not limited to, any force majeure; the denial, restriction, suspension or withdrawal of a license of a permit or other action by the proper authorities, fire, explosion, flood, machinery breakdown, strike, lockout, shortage of materials, war, insurrection, power or transportation, or other collective bargaining disputes.
12. export
The Buyer is aware that there may be restrictions with regard to the export of the delivery items, in particular that an official permit may be required. If the buyer intends to re-export the delivery items from the country in which he has his residence or registered office or from another country to which they are to be delivered by HIKITEC GmbH at the request of the buyer, the buyer will inform HIKITEC GmbH of this. After receipt of the notification, HIKITEC GmbH will inform the Buyer about any export restrictions and the procedure for obtaining an export license. Further claims against HIKITEC GmbH do not exist.
13. advertising
HIKITEC GmbH reserves the right to use articles manufactured on behalf of the customer as samples or for advertising or reference purposes. HIKITEC GmbH reserves the right to use articles manufactured on behalf of the customer as samples or for advertising or reference purposes.
14. payment
HIKITEC GmbH reserves the right to invoice the agreed service electronically by e-mail. The delivery of the goods shall be made against prepayment, unless another mode of payment has been expressly agreed between the contracting parties. Unless otherwise agreed, our invoices are to be settled.
15. danger overhang
The risk shall pass to the Buyer as soon as the consignment has been handed over to the person performing the transport. If shipment is delayed at the request of the customer, the risk shall pass to the customer upon notification of readiness for shipment.
16. warranty
The company HIKITEC GmbH guarantees for a period of 24 months from the date of delivery that the delivery items are free of defects according to the respective state of the art. The warranty is excluded for the following cases: Normal wear and tear, wearing parts, improper use, non-observance of application instructions, fire, lightning, overvoltage, moisture of any kind, operation with the wrong type of current or voltage, tampering or repairs by unauthorized persons, incompatibility with unsupported operating systems or other incompatible software.
Should HIKITEC GmbH accept repair shipments after the expiration of the warranty, the buyer has no right against HIKITEC GmbH for reduction, redhibitory action or new delivery. In this case, HIKITEC GmbH merely forwards the item to be repaired to its upstream supplier on behalf of the purchaser in order to enable the purchaser to make use of any longer manufacturer’s warranty that may exist. Obvious defects are to be reported in writing immediately, however, 10 working days after receipt of the delivery. Otherwise, claims for defects are excluded. In commercial transactions, §§377, 387 HGB shall apply additionally. Returns are only possible by using the RMA number issued by the service department of HIKITEC GmbH. This always free return must be accompanied by a copy of the invoice and a detailed description of the defect. If there is a separate service of the manufacturer for a product or a product group, the returns are to be sent directly to the manufacturer according to the manufacturer’s instructions. HIKITEC GmbH reserves the right to return unauthorized, freight collect, as well as returns without proof of purchase or other missing documents to the buyer at the buyer’s expense plus a handling fee according to the service price list. If there is a defect in the delivery item for which we are responsible, HIKITEC GmbH is entitled to choose between rectification of the defect or new delivery within the meaning of §439 BGB. If there is a defect in the delivery item for which we are responsible, HIKITEC GmbH is entitled to choose between rectification of the defect or new delivery within the meaning of §439 BGB. Further rights, in particular the right to rescind the purchase contract, can only be asserted after the expiry of a certain period of time for subsequent performance or repair, or after this has failed twiceAfter the expiry of 12 months from the date of delivery, the warranty claims are limited to rectification of defects or crediting of the current value at the discretion of HIKITEC GmbH. Before returning the delivery item, the buyer is obliged to independently back up the data he requires. HIKITEC GmbH assumes no liability for any lost data on the storage medium at the time of return. No new warranty periods come into effect as a result of the replacement of parts, assemblies or entire devices. The removed or replaced parts become the property of HIKITEC GmbH. In cases where – also for our buyer – there is no purchase of consumer goods within the supply chain, the provisions of §§474-479 BGB shall not apply. If the Buyer resells the goods within the scope of a sale of consumer goods, the reimbursement of expenses incurred within the meaning of §478 of the German Civil Code (BGB) can only be demanded if proof is provided that the expenses were incurred. Compensation for such expenses shall only be granted up to a maximum of 2% of the net value of the goods. Further claims based on §478 BGB are wrested by the agreed 24-month warranty as equivalent compensation in the sense of § 478 IV p. 1 BGB. Further claims based on §478 BGB are wrested by the agreed 24-month warranty as equivalent compensation in the sense of § 478 IV p. 1 BGB. Therefore, HIKITEC GmbH is not liable for damages that have not directly arisen in the delivery item, in particular not for the loss of profit or other financial losses of the buyer. The aforementioned exemption from liability shall not apply if the damage is due to intent, gross negligence, the absence of a warranted characteristic, breach of material contractual obligations, default in performance, impossibility or claims based on §§1.4 of the Product Liability Act. HIKITEC GmbH shall not be liable for the recovery of data if it has caused the loss intentionally or by gross negligence and the purchaser has ensured that a data backup has been made so that the data can be reconstructed with reasonable effort. Claims for damages can only be asserted against HIKITEC GmbH in all cases, even in the case of failed rectification or subsequent delivery, if it can be proven that HIKITEC GmbH acted with intent or gross negligence, or if warranted characteristics are missing. As far as the liability for HIKITEC GmbH is excluded, this applies in particular also to the personal liability of its employees, staff, representatives and vicarious agents. In addition to the points mentioned here, the current return and service conditions of HIKITEC GmbH enclosed with each delivery apply in all cases.
17. breach of contract and insolvency of the buyer
Without prejudice to any other claims or rights, HIKITEC GmbH may terminate the contractual relationship without notice if the Buyer fails to meet its payment obligations in due time or violates any other material contractual obligation, ceases its business operations or files for bankruptcy or composition proceedings, furthermore, if bankruptcy or composition proceedings are opened against the assets of the Buyer at the request of a third party. Translated with www.DeepL.com/Translator (free version)
18. product safety
In order to comply with the Product Safety Act (ProdSG §6), products are marked with the contact and address data of HIKITEC GmbH as standard, unless the customer provides other information in this regard. A deviation can only be carried out against calculation of the cost price.
19. central office for private transfer rights (ZPÜ)
Our prices include the GEMA fees to be paid. The obligation of distributors of products subject to remuneration arises from § 54b para. 1 and 3 UrhG. The dealer is jointly and severally liable with the manufacturer and the importer. According to § 54 para. 3 UrhG, the distributor’s obligation to pay royalties shall not apply if the distributor informs the ZPÜ in writing, without being requested to do so, of the type and number of devices and storage media purchased and their source of supply by January 10 and July 10 of each year for the preceding calendar half-year (Section 54b (3) no. 2 UrhG).
20 Applicable law, place of jurisdiction
The contracts of the parties are subject to German law. The place of jurisdiction is Düsseldorf. For persons who do not have a general place of jurisdiction in Germany or who no longer have one at the time the action is filed, Düsseldorf shall also be the local place of jurisdiction. The foregoing agreements on the place of jurisdiction shall apply to all disputes arising from and in connection with the contract. The foregoing agreement on the place of jurisdiction shall also apply to disputes arising from the assigned rights of one of our service providers, contracting houses or as the legal representative of such persons.
21. data protection
The data required for the processing of the order will be stored and treated confidentially in compliance with the Data Protection Act. We reserve the right to use the data collected in the context of an order to advertise our own similar goods. You can object to this use at any time
22. trade
HIKITEC GmbH exclusively supplies tradesmen, private persons are not supplied.
23. Severability clause
Should individual provisions of these terms and conditions be or become legally invalid or incomplete in whole or in part, this shall not affect the validity of the remaining provisions. The defective or incomplete provision shall be reinterpreted as one whose economic and legal meaning is as close as possible to the defective provision, but effective and/or complete.
