General Terms and Conditions (T&C`s) of HOHMANN Eventmöbel GmbH
1. general
Deliveries, services, purchases and acceptance of services shall be made exclusively on the basis of these General Terms and Conditions. These T&C shall also apply to future transactions between the parties. Deviating general terms and conditions of business or purchase of the customer or supplier shall not be recognized unless their inclusion in the contractual relationship has been expressly agreed in writing. The unconditional provision or acceptance of services shall also not be deemed to constitute consent to deviating terms and conditions of the customer or supplier.
2. price information
Prices quoted by us are net prices, i.e. plus statutory VAT, unless gross prices are expressly stated.
3. conclusion of contract – orders to us
The customer’s order is a binding offer (application). The customer is bound to his application for 2 weeks. The contract shall only come into effect upon express acceptance of the application or upon the first act of fulfillment by us. If, contrary to expectations, ordered items are no longer in stock or no longer available, we are not obliged to fulfill the order.
4. material / pattern
Wood is a natural product; variations in color, structure, knottiness and similar differences in appearance within a wood species are part of its natural properties. Knotting as well as minor cracks, unevenness and color deviations due to growth-related influences as well as changes in dimensional stability due to changes in wood moisture are characteristics of the material wood that cannot be influenced and therefore cannot constitute grounds for complaint. The purchaser must take into account the biological, physical and chemical properties of the material when purchasing and using it. Our wooden products require constant care, especially if they are exposed to weather conditions; care and after-treatment are the responsibility of the buyer, defects due to lack of care do not justify a complaint. See care instructions on our website. Samples supplied by us are non-binding. We reserve the right to deviations in color, structure, knottiness and other growth-related properties. As a rule, not all possible properties can be shown in one sample. The samples are provided for inspection. Our products are not manufactured according to DIN or VOB standards and are not to be assessed according to these.
5 . Delivery periods, transfer of risk
Information on delivery periods is always non-binding unless a delivery date has been expressly confirmed as binding. Force majeure and similar unforeseeable events (in particular labor disputes, official measures and external events beyond our control) entitle us to extend the delivery periods appropriately. The customer shall be entitled to withdraw from the contract after setting a reasonable grace period. Delivery shall be made from our warehouse or from our supplier’s warehouse to the delivery address specified by the customer at the customer’s risk. The risk shall pass to the customer as soon as the delivery has been handed over to the company or person commissioned with the shipment. Delivery free place of delivery means delivery without unloading and on condition that the delivery route can be used by a heavy goods vehicle.
6. offsetting/retention
The customer or supplier of our company shall only have the right to offset if his counterclaims have been legally established or recognized by us. The customer/supplier may only assert a right to refuse performance or a right of retention in respect of claims arising from deliveries or other contracts if the underlying counterclaim has been legally established or recognized by us.
7. retention of title
The goods delivered by us shall remain our property until all existing claims arising from the business relationship have been settled in full. The customer undertakes to inform us immediately of any access by third parties to the goods, in particular in the event of seizure, damage or destruction. If the customer resells the goods, he hereby assigns to us all claims to the amount of the invoice which accrue to him against third parties as a result of the resale. We accept the assignment. We are entitled to disclose the assignment at any time, but at the latest upon default of payment, and to collect the claim ourselves.
8. warranty
We provide a warranty for defects in our goods at our discretion by repair or replacement. After two unsuccessful attempts at subsequent performance, the customer may demand a reduction in the purchase price or remuneration (reduction) or withdraw from the contract; withdrawal is excluded in the case of minor defects. Obvious defects in our performance must be reported to us in writing within 10 days of receipt of the goods, otherwise the goods shall be deemed to have been approved in this respect and warranty claims shall be excluded. Notification of defects by the customer in accordance with § 377 HGB must also be made in writing. The reimbursement of expenses incurred by the customer for the purpose of subsequent performance by us is excluded. To the extent permitted by law, further claims by the customer – regardless of the legal grounds – are excluded.
9. limitations of liability
Subject to the following provisions, we shall not be liable – irrespective of the legal grounds – for the slightly negligent breach of obligations by us, our legal representatives or vicarious agents. In the event of a slightly negligent breach of cardinal obligations, our liability shall be limited to the amount of typical foreseeable damage. We are also not liable for breaches of duty caused by slight negligence, such as delay or impossibility, or for breaches of duty to protect caused by slight negligence. The above exclusions and limitations of liability do not apply in cases of strict liability, in particular under the Product Liability Act, in the event of bodily injury, damage to health or loss of life.
10. purchase of goods/materials
We are entitled to inspect the delivery item to the extent and insofar as this is possible in the ordinary course of business. Insofar as we are obliged to inspect the goods, obvious defects shall be notified by us within 21 days of inspection and hidden defects within 21 days of discovery. In this respect, the supplier waives the objection of delayed notification of defects. Notification of defects by us is possible in any form. The supplier warrants that the delivery item is free from third-party rights. Delivery dates stated in our orders are binding and refer to the date of receipt of the goods by us.
11. place of performance/jurisdiction
If the customer/supplier is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract shall be Kronach. The same applies if the customer/supplier has no general place of jurisdiction in Germany. This jurisdiction agreement shall also apply to future claims arising from the business relationship.
12. other
The contractual relationship shall be governed by the substantive law of the Federal Republic of Germany. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. Should individual provisions of the contract between us and you, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially ineffective provision shall be replaced by a provision that comes as close as possible to the economic success of the ineffective provision.
Status: 10.02.2022