General Terms and Conditions (GTC) for commercial customers
of EUROHUNT GmbH, Harzblick 25, 99768 Harztor-OT Ilfeld
Version dated 1/20201. General, scope of application
(1) The contractual partners within the scope of the following General Terms and Conditions (GTC) are EUROHUNT GmbH, represented by the Managing Director, hereinafter referred to as "EUROHUNT" and the "Customer", who is to be regarded as an entrepreneur for the transaction in the sense of § 14 BGB (German Civil Code).
The offers of EUROHUNT are directed exclusively to entrepreneurs (dealers and resellers), but not to consumers. In principle, we now supply to resellers who provide appropriate proof of the registered business activity.
(2) All deliveries and services provided by EUROHUNT are based on these GTC in the version valid at the time of the order. Deviating regulations are hereby contradicted.
General Terms and Conditions of Business / Terms and Conditions of Purchase of the customer are only accepted by EUROHUNT to the extent that they have been expressly agreed to in writing.
The GTC of EUROHUNT shall apply even if EUROHUNT carries out the delivery without reservation in the knowledge of conflicting or deviating conditions of the customer.
(3) The GTC of EUROHUNT shall also apply to future orders, in the then current version, even if not expressly agreed upon again.
(4) All communication within the scope of the declarations relevant to the contract shall be in German.
(5) Any verbal or telephone agreements need only be valid against us if they have been confirmed by us in writing. This shall also apply to any agreement on the cancellation of the written form.
2. conclusion of contract
(1) Offers by EUROHUNT are subject to change without notice. The offers of EUROHUNT in its catalogues and on its website represent a non-binding invitation to the Customer to order goods from EUROHUNT.
(2) By ordering the desired goods by filling out and sending an online form on the internet, by e-mail, by fax, by telephone or by post, the Customer submits a binding offer to EUROHUNT to conclude a purchase contract. This offer to conclude a contract is binding at the latest when it has passed the respective interface to EUROHUNT.
(3) EUROHUNT is entitled to accept this offer of the customer within a period of 14 calendar days by sending an order confirmation or by sending the ordered goods. The order confirmation is made by sending an e-mail, a fax or by mail. If this period expires without result, the offer is considered rejected.
Should the order confirmation or any other legally binding declaration by EUROHUNT contain typing or printing errors or should the price determination be based on calculation or transmission errors, EUROHUNT shall be entitled to contest the declaration on the grounds of error. In this case, any payments already made will be refunded immediately.
(4) The documents, illustrations, drawings, weight and dimensional specifications belonging to an offer submitted by EUROHUNT are only approximate values. Deviations of the products to be delivered from these catalogue specifications are permitted, provided they are insignificant, do not constitute a material defect and have not been bindingly promised.
(5.) EUROHUNT provides information and advice to the best of its knowledge and based on its own experience. However, all statements and information regarding suitability and application of the goods are non-binding and do not release the Customer from his own examination.
3. prices
(1) Unless otherwise stated in our order confirmation, our prices shall apply ex EXW Ilfeld, plus packaging, insurance, freight and, if applicable, minimum quantity surcharge. These items will be invoiced separately. The customer shall dispose of the packaging at his own expense.
(2) All prices are EURO prices without legal value added tax. This is calculated and shown separately in the invoice at the statutory rate on the day of invoicing.
(3) Prices are calculated at the prices valid on the day of delivery, not on the day of the order, unless otherwise expressly agreed in writing. The prices printed on delivery notes and arrears notices, if applicable, are quotations from the day of receipt of the order and are not binding for the price calculation at the time of delivery. The respective daily prices (see above) shall also apply to the price calculations.
(4) The recommended retail prices printed in the price lists, invoices, delivery notes and arrears notices are non-binding and calculated according to general empirical principles. They are merely an aid to calculation and do not release the customer from the obligation to make his own calculations.
(5) For orders with a goods value of up to € 150.00, excluding VAT, packaging and shipping costs, we reserve the right to charge a minimum quantity surcharge of € 20.00 net per order.
4. terms of payment
(1) Payments shall always be made by cash in advance (bank transfer in advance), unless otherwise agreed in writing.
(2) If advance payment is not required, payments are due within 30 calendar days from the date of invoice without any deductions, unless otherwise agreed.
(3) The deduction of a discount requires a special prior written agreement.
(4) In case of default of payment or endangerment of EUROHUNT's claims due to deterioration of the creditworthiness of the customer, EUROHUNT shall be entitled to demand immediate payment of all its claims arising from the business relationship with the customer. EUROHUNT is then also entitled to execute outstanding deliveries only against advance payment or against provision of suitable securities.
(5) If payments or securities are not provided in due time, EUROHUNT is entitled to withdraw from the contract after setting a deadline and threat of withdrawal.
(6) If the customer defaults on a payment, EUROHUNT shall be entitled to demand default interest in the amount of 9 percentage points above the applicable base interest rate from the beginning of the default in payment. In addition, EUROHUNT shall be entitled to claim payment of a lump sum for processing the default in the amount of € 40.00. Notwithstanding the foregoing, EUROHUNT reserves the right to claim higher actual damages.
(7) In case of existing arrears of payment, EUROHUNT is also entitled to suspend deliveries until payment has been received or appropriate securities have been provided.
(8) The customer shall only be entitled to set-off against his own claims, if these counterclaims have been legally established or are not disputed by EUROHUNT.
(9) Rights of retention may only be exercised if these claims are based on the same contractual relationship.
(10) If EUROHUNT makes advance payment, e.g. payment on account or direct debit, the customer authorises EUROHUNT to pass on customer data to Bürgel, Kurfürstenstr. 23, 56068 Koblenz, Germany, for the purpose of credit assessment based on mathematical-statistical methods. EUROHUNT reserves the right to refuse the customer the payment method on invoice or direct debit as a result of the credit assessment.
5. Retention of title
(1) The goods shall remain the property of EUROHUNT (reserved goods) until complete fulfilment of all claims, regardless of their legal basis.
(2) In the event of processing, mixing and combination of the reserved goods with other goods by the customer, EUROHUNT shall be entitled to co-ownership of the new object in the ratio of the invoice value of the reserved goods to the value of the other goods used. Should EUROHUNT's ownership expire due to processing, combination or mixing, the customer hereby assigns to EUROHUNT the ownership rights to which it is entitled to the new product or stock or the object to the extent of the value of the reserved goods and shall store these for EUROHUNT free of charge. The resulting co-ownership rights shall accordingly be considered as reserved goods in the sense of the provisions of paragraph (1.).
(3) The customer is only entitled to further process, combine, mix or resell the reserved goods within the scope of proper business operations. Any other disposal of the reserved goods is not permitted. EUROHUNT shall be notified immediately of any seizure or other access to the reserved goods by third parties. In so far as EUROHUNT incurs intervention costs vis-à-vis third parties due to the assertion of the retention of title, these costs shall be borne by the customer, unless they can be collected by the third party. If the customer grants his buyer a payment term or otherwise defers the purchase price, he shall reserve ownership of the reserved goods vis-à-vis his buyer under the same conditions under which EUROHUNT reserved ownership upon delivery of the reserved goods. Otherwise, the customer shall not be authorised to resell the goods.
(4) The customer's claims from the resale of the reserved goods are hereby assigned to EUROHUNT. EUROHUNT accepts this advance assignment. This advance assignment shall serve as security to the same extent as the reserved goods themselves. The customer shall only be entitled and authorised to resell the goods if it is ensured that the resulting claims are transferred to EUROHUNT in accordance with the aforementioned assignment.
(5) Until revocation by EUROHUNT, the customer shall be authorised to collect these claims assigned to EUROHUNT. EUROHUNT is entitled to revoke this authorisation, if the customer does not fulfil his payment obligations arising from this business relationship as agreed. In the event of revocation of the collection authorisation, the customer shall, upon request, immediately inform EUROHUNT of the amount of the assigned claim and the debtor, as well as provide EUROHUNT with all information relevant to the collection of the claim and hand over the relevant documents to EUROHUNT. The debtor shall be notified of the assignment. EUROHUNT itself is also authorised to notify the debtor of the assignment.
(6) The customer's right of possession of the reserved goods shall expire if he does not fulfil his obligations under the contract. In this case, the customer shall be obliged to immediately and unconditionally return the reserved goods to EUROHUNT, without the need to withdraw from the contract.
(7) The assertion of the retention of title shall not be considered as withdrawal from the contract. A withdrawal from the contract is to be declared in writing, if necessary, independently of this.
6. Terms of delivery
(1) Delivery dates and delivery periods shall only become binding for us if they have been confirmed by us in writing. Bindingly agreed delivery dates shall only be met by EUROHUNT if the agreed lead time is adhered to by the Customer, in particular payments in case of agreed advance payment. Delivery dates and delivery periods are subject to correct and timely delivery by EUROHUNT's suppliers.
(2) Partial deliveries are permissible and are to be paid in accordance with the terms and conditions, provided they are reasonable for the Customer.
(3) War, strike, lockout, shortage of raw materials and energy, traffic and unavoidable operational disruptions, force majeure and similar events release EUROHUNT from the obligation to deliver for the duration of the disruption and to the extent of its effects. Such events entitle EUROHUNT to withdraw from the contract in whole or in part without the customer being entitled to compensation.
(4) Shipment is carried out with means of transport of our choice and generally at the expense of the customer. The risk of accidental deterioration or accidental loss of the goods shall pass to the customer as soon as EUROHUNT has handed over the goods to the forwarding agent, the carrier or any other person or company designated to carry out the shipment.
(5) We shall not be liable for transport damages. Damaged shipments are therefore to be documented (photo) by the customer immediately upon delivery and handover, to be recorded and to complain to the respective transport company. (cf. ADSp) At the same time, EUROHUNT shall be informed when sending the damage documentation and protocols.
(6) We shall take out transport insurance at our discretion before dispatch of the goods. In the event of damage, we will take over the settlement with the transport insurance. Benefits from the transport insurance will benefit the customer. EUROHUNT shall be entitled to offset its own claims against the Customer.
7. Warranty, material defects
(1) All goods or services shall, at the discretion of EUROHUNT, be repaired, replaced or provided anew free of charge, provided that they show a material defect and the cause of the defect already existed at the time of the transfer of risk.
(2) Claims for subsequent performance shall become statute-barred 12 months after the beginning of the statutory limitation period; the same shall apply to withdrawal and reduction.
(3) Warranty claims of the customer are excluded for the purchase of used goods.
(4) The shortening of the warranty period to one year (paragraph (2)) as well as the exclusion of warranty for used goods (paragraph (3) does not apply in the case of intent, fraudulent concealment of the defect as well as in the case of non-compliance with a quality guarantee. The legal regulations concerning expiration, suspension and restart of the periods remain unaffected. The liability according to the German Product Liability Act (ProdHaftG) as well as the liability for possible recourse claims according to §§ 478, 479 BGB remain unaffected.
(5) Claims for damages by the customer due to a material defect are excluded. This shall not apply in case of fraudulent concealment of the defect, non-compliance with a guarantee of quality, in case of injury to life, body or health and in case of an intentional grossly negligent breach of duty by EUROHUNT. A change in the burden of proof to the disadvantage of the customer is not associated with the above provisions. Any further claims of the Customer or claims other than those provided for in the above provisions with regard to a material defect shall be excluded.
(6) The customer is obliged to inspect the goods for possible material defects upon delivery. Any notifications of defects by the customer must be made immediately in writing, with a specific description of the defect. If the customer fails to notify the defect, the goods shall be deemed to have been approved, unless the defect is not a defect that could not be detected during normal inspection. If such a defect is discovered later, a notice of defect must also be made in writing to EUROHUNT without undue delay, specifying the defect in detail. Otherwise, the goods shall be deemed to have been approved, even with regard to this defect.
(7) EUROHUNT shall be given the opportunity for subsequent performance within a reasonable period of time. If the supplementary performance fails, the customer may withdraw from the contract or reduce the remuneration, notwithstanding any claims for damages according to paragraph (5).
(8) In the event of a notification of defects, payments by the customer may only be retained to an extent that is in reasonable proportion to the material defects that have occurred. The customer may withhold payments if a notice of defect is asserted about whose justification there can be no doubt. A right of retention does not exist if claims for defects have become statute-barred. If a notice of defect is unjustified, EUROHUNT shall be entitled to demand compensation from the customer for the expenses incurred in this connection.
8. Taking back goods
(1) Ordered and firmly invoiced goods shall only be taken back by EUROHUNT after prior written agreement, unless they are returned due to defects. In this case, a credit note amounting to 90 % of the value of the goods shall be issued.
(2) Damaged or incomplete goods (e.g. missing accompanying documents or original packaging) shall not be taken back or shall be taken back at a reduced credit note amount.
(3) The goods to be returned shall be shipped free EUROHUNT headquarters and shall be sufficiently insured by the Customer against transport damage and loss.
(4) Returns without agreement or goods returned freight collect will not be accepted.
9. Commission deliveries and deliveries on approval
(1) Commission deliveries and deliveries on approval are dispatched at the customer's expense and insured against transport damage.
(2) By accepting consignment deliveries on commission or on approval, the customer undertakes to treat them with care and to insure them against loss and damage to the amount of their actual value.
(3) Original packaging and accompanying documents (e.g. guarantee certificates, operating instructions, etc.) must also be stored carefully and returned undamaged with the goods if necessary.
(4) The return of consignment or consignment on approval to EUROHUNT shall be free of charge to EUROHUNT's registered office, provided the Customer has taken out appropriate transport insurance.
(5) EUROHUNT will not take back damaged or incomplete consignment or consignment on approval goods, but will charge the full value.
10. Copyright
(1) The reprinting of our catalogues and price lists, in whole or in part, is only permitted with our prior written consent.
(2) Photographic and text material provided by us for advertising purposes remains our copyright property. Any use or distribution outside the existing contractual relationship between EUROHUNT and the Customer requires the prior written consent of EUROHUNT.
(3) In case of culpable infringement, a contractual penalty of the customer of 10.000,00 € is forfeited. EUROHUNT reserves the right to claim further damages.
11. User agreement for photographs
(1) If EUROHUNT provides the customer or sales partner with photographs or other images of goods, the following provisions shall apply, unless otherwise agreed upon in writing in individual cases:
a) The Customer/Sales Partner acknowledges the copyright of EUROHUNT on these items.
b) Upon request of EUROHUNT, the Customer/Sales Partner shall attach a copyright notice clarifying the legal ownership of EUROHUNT. The transfer of use of these product images is earmarked, exclusively for the promotion and marketing of those articles purchased from EUROHUNT.
c) Prior to use, written consent must be obtained from EUROHUNT. This consent can be limited by EUROHUNT to a certain period of time or to a certain edition of the sales catalogue or other media.
d) Modifications or adaptations of the protected product images by the Customer require the prior consent of EUROHUNT.
e) The transfer of use is not exclusive. EUROHUNT itself remains entitled to use the images and is also entitled to allow other third parties to use them.
f) The rights of use are bound to the customer/distributor and are not transferable to third parties.
g) EUROHUNT may at any time request the Customer/Sales Partner to provide a list of the purposes for which these photographs or product images are used by EUROHUNT. Upon request, the Sales Partner shall assure the correctness of this list. The right to use photographs or product illustrations not mentioned in this list automatically expires.
h) EUROHUNT may revoke the permission for use at any time without cause. Upon revocation, the right to use shall end. The right of use shall also end automatically upon termination of the business relationship between EUROHUNT and the Customer/Sales Partner.
i) If the right of use ends due to revocation or termination of the business relationship, EUROHUNT will offer an appropriate usage regulation. This shall not apply if the revocation or termination of the business relationship is based on reasons which are within the sphere of influence of the Customer/Sales Partner, in that the Customer/Sales Partner has culpably violated contractual agreements with EUROHUNT or the General Terms and Conditions of EUROHUNT.
j) The Customer/Sales Partner has no claim to compensation for unused advertising material in case of revocation of the right of use or termination of the business relationship.
(2) In case of culpable violation of the above provisions, the Customer/Sales Partner shall be liable to a contractual penalty of € 10,000.00. EUROHUNT reserves the right to claim further damages.
12. Confidentiality
The Customer shall treat all information provided to the Customer by EUROHUNT in connection with the contractual relationship as confidential. This information shall only be used for the purpose specified in the contract. The duty of confidentiality remains in force even after termination of the business relationship with EUROHUNT.
13. Supplementary regulations for customers with headquarters outside Germany
(1) The fulfilment of contracts by EUROHUNT and the observance of deadlines for deliveries require that customers located outside of Germany procure and submit to EUROHUNT in due time all necessary documents, permits and releases which are necessary for the execution of the contract due to German export regulations, EU or international regulations of foreign trade law or import regulations of the customer's country of origin.
(2) If the customer does not provide the official approvals or other obligations to cooperate required for the execution of the contract, EUROHUNT may withdraw from the contract after setting a deadline and threat of withdrawal and claim damages for non-performance.
(3) The customer is responsible for the import of the goods at the place of destination in his own name.
(4) Any import duties are paid by the customer.
(5) If the fulfilment of the contract is impossible due to an export or import ban, EUROHUNT shall not be liable for any damages or reimbursement of expenses.
14. Other claims for damages
(1.) Unless otherwise regulated in these GTC, claims for damages by the customer, regardless of the legal basis, in particular due to breach of duties arising from the contractual obligation and from unlawful acts, are excluded.
(2.) This does not apply to the extent that liability is assumed as follows:
- according to the Product Liability Act;
- in case of intent;
- in case of gross negligence of owners, legal representatives or executive employees;
- in case of fraudulent intent;
- in the event of non-compliance with an assumed guarantee;
- for culpable injury to life, body or health;
- for culpable breach of material contractual obligations.
(3) If an attributable breach of duty is based on simple negligence and if an essential contractual obligation is culpably breached, EUROHUNT's liability shall be limited to the foreseeable damage which typically occurs in comparable cases.
(4) The above exclusions and limitations of liability shall apply to the same extent in favour of the organs, legal representatives, employees and other vicarious agents of EUROHUNT.
(5) In so far as EUROHUNT provides technical information or acts in an advisory capacity and such information or advice is not part of the contractually agreed scope of services owed by EUROHUNT, this shall be free of charge and under exclusion of any liability.
15. Place of performance, jurisdiction, applicable law and invalid clauses
(1) Place of performance for deliveries and payments is for both parties the registered office of EUROHUNT, i.e. D 99768 Harztor - OT Ilfeld.
(2) If the customer is a merchant or legal entity under public law, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of EUROHUNT. However, EUROHUNT shall also be entitled to sue at the registered office of the customer.
(3) The conclusion and execution of all contracts between EUROHUNT and the customer shall be governed by the laws of the Federal Republic of Germany, excluding German international private law. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(5) These General Terms and Conditions shall remain binding in their remaining parts even if individual provisions are legally ineffective. This shall not apply if adherence to them would constitute unreasonable hardship for one of the contracting parties.
EUROHUNT GmbH
Harzblick 25
99768 Harztor OT Ilfeld
Germany