General Terms and Conditions (GTC) and Terms of Delivery (TOD) of Hermann Drehteile GmbH Co. KG
I. General
For our deliveries, individually negotiated contractual agreements take precedence, supplemented by our TOD. In relation to the General Terms and Conditions (GTC) of the customer, our TOD apply exclusively; the customer's GTC only apply to the extent that we have expressly agreed to them in writing. In the case of ongoing business relationships or framework agreements, these TOD also apply to all future delivery relationships until our new terms of delivery come into effect. At the latest, by accepting our goods, the customer expresses their agreement with our terms. All agreements generally require written form. If it is determined after the conclusion of the contract or after delivery of the goods that the customer is not or no longer creditworthy, we are entitled to withdraw from the contract or to demand immediate payment for delivered goods. The assignment of claims requires our consent.
II. Consultation
We provide any form of verbal and written advice to the best of our knowledge based on our experience. Information and details about the suitability and application of our goods are non-binding and do not release the customer from their own tests and trials. The customer is responsible for complying with legal and official regulations when using our goods.
III. Offer, Call-off, Offer Documents
1.
We can accept orders within 6 weeks. Our offers are subject to change unless otherwise stated in the order confirmation. Call-off orders are concluded for a maximum duration of 12 months, with call-off dates and quantities to be specified when placing the order.
2.
We reserve ownership and copyright rights to all documents provided by us. Disclosure or transfer to third parties requires our written consent. If the order is not placed, all documents must be returned immediately upon request. Customer documents may be made accessible to third parties to whom we wish to assign deliveries or services.
3.
Orders should generally be placed in writing; telephone orders are executed at the customer's risk.
IV. Price, Price Changes
1.
In principle, our prices are "ex works" plus VAT, customs, freight, packaging, and insurance costs applicable on the day of delivery. VAT is shown separately on the invoice. The prices apply to individual orders, not retroactively or for future orders. Repeat orders are considered new orders.
2.
We reserve the right to increase our prices appropriately if cost increases occur after conclusion of the contract, especially due to collective agreements, market-based purchase prices, or material price increases. These will be demonstrated to the customer upon request.
V. Scope of Delivery, Measurement Methods, Intellectual Property Rights, Data Protection
1.
Our order confirmation is authoritative for the content and scope of the contract. Partial deliveries are permissible as long as they do not result in disadvantages for use. They are considered fulfillment of independent contracts and are to be paid separately. In case of delay in payment for a partial delivery, we are entitled to refuse further execution of the order. For manufacturing reasons, we reserve the right to over- or under-deliver within the industry-standard range, up to a maximum of 10% of the agreed order quantity. Technical changes that prove necessary for manufacturing reasons, product maintenance, legal requirements, or other reasons are permissible. If the customer becomes aware of changes, they must notify us immediately if they consider these changes inadmissible. For tests where specific temperatures, times, and other measurement or control values should apply, the corresponding measurement methods must be defined and recognized by both parties before delivery begins. If no definition is made, our measurement methods apply.
2.
Orders based on drawings, sketches, or other information provided to us are executed at the customer's risk. If we infringe on third-party intellectual property rights as a result of executing such orders, the customer shall indemnify us against claims from third-party rights holders. The customer bears any further damages. We are entitled to process data in accordance with the Federal Data Protection Act.
VI. Delivery Period
1.
The delivery period begins at the earliest with the dispatch of the order confirmation. The start of the delivery period specified by us presupposes the complete clarification of all technical questions. Adherence to the deadline requires the timely receipt of all documents to be supplied by the customer, necessary approvals, releases, the timely clarification and approval of plans, compliance with the agreed payment terms and other obligations, as well as the timely delivery of items provided by the customer. Otherwise, the deadline will be extended appropriately.
2.
The delivery times stated by us are approximate. In cases of delay in performance due to intent or gross negligence on our part or that of a representative or vicarious agent, as well as in cases of culpable injury to life, body or health, we are liable according to statutory provisions. However, in cases of gross negligence, our liability is limited to the foreseeable damage typical for the contract. Outside the cases of sentences 1 and 2, our liability for delay is limited to a total of 100% of the value of the delivery for damages in addition to performance, and to a total of 100% of the value of the delivery for damages instead of performance (including compensation for futile expenses). Further claims by the customer are excluded - even after expiry of any deadline set for us to perform. This limitation does not apply in case of culpable breach of essential contractual obligations. The claim for damages for culpable breach of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract, unless another case according to sentence 1 applies simultaneously. The customer's right to withdraw from the contract remains unaffected. The above provisions do not imply a change in the burden of proof to the detriment of the customer. Compliance with our delivery obligations requires the timely and proper fulfillment of the customer's obligations to cooperate.
3.
The determination of the delivery period is subject to correct and timely self-delivery, applying due diligence to conclude congruent cover transactions. We will inform the customer about the non-timely availability of the delivery item due to lack of self-delivery and, if we wish to withdraw, exercise the right of withdrawal immediately; in case of withdrawal, we will immediately refund the corresponding consideration.
4.
The delivery period is considered met if the shipment has been dispatched within the delivery period or the readiness for delivery has been notified. If delivery is delayed for reasons attributable to the customer, the deadline is considered met upon notification of readiness for dispatch within the agreed period. For call orders, the principle is to call in such a way that the last delivery is made at the latest one year after receipt of the order by us.
5.
In cases of impossibility of delivery due to intent or gross negligence on our part or that of a representative or vicarious agent, as well as in cases of culpable injury to life, body or health, we are liable according to statutory provisions. However, in cases of gross negligence, our liability is limited to the foreseeable damage typical for the contract, unless another of the exceptional cases listed in sentence 1 applies simultaneously. Outside the cases of sentences 1 and 2, our liability for impossibility is limited to damages and compensation for futile expenses to a total of 10% of the value of the delivery. Further claims by the customer due to impossibility of delivery are excluded - even after expiry of any deadline set by the customer for performance. The customer's right to withdraw from the contract remains unaffected. The above provisions do not imply a change in the burden of proof to the detriment of the customer.
6.
War, civil war, export restrictions or trade restrictions due to a change in political conditions, as well as strikes, lockouts, operational disruptions, operational restrictions and similar events that make it impossible or unreasonable for us to fulfill the contract are considered force majeure and release us from the obligation to deliver on time. In these cases, we are entitled, at our discretion, to either extend the delivery period by the duration of the force majeure or to withdraw from the contract in whole or in part. The customer is not entitled to claim compensation for damages incurred as a result.
VII. Cancellation Costs
If the customer withdraws from a placed order, we may, without prejudice to the possibility of claiming higher actual damages, demand 10% of the sales price for costs incurred in processing the order and for lost profit. The customer reserves the right to prove lesser damage.
VIII. Packaging
Unless otherwise agreed, we determine the type and extent of packaging. The choice of packaging is made with due care to the best of our judgment. Disposable packaging becomes the property of the customer.
IX. Transfer of Risk and Transport
1.
In principle, delivery is agreed as 'ex works'. The risk passes to the customer as soon as the shipment has been handed over to the person carrying out the transport or has left our warehouse for dispatch. Even with agreed free delivery, the delivery is at the risk of the customer. If dispatch is delayed at the request of the customer, the risk passes to them upon notification of readiness for dispatch. Unless otherwise agreed in writing, we determine the means of transport and the transport route. In the event of damage to or loss of the goods during transport, an inventory should be initiated immediately and we should be notified.
2.
If dispatch or delivery is delayed at the instigation of the customer, we claim, subject to proof of higher damages, storage fees of 1% of the invoice amount for each month or part thereof, up to a maximum of 5% of the net amount. The customer reserves the right to prove lesser damage.
X. Breach of Duty
In case of compensation for breach of duty, our liability for simple negligence is limited to damages caused by us that are foreseeable and typically associated with the specific business at hand. Otherwise, we are only liable for intent and gross negligence. Our liability for culpable injury to a person, health or body, including their death, remains unaffected.
XI. Payment Terms and Default of Payment
1.
All invoices are due for payment net (without deduction) within 30 days after delivery and invoice date, unless a different arrangement has been agreed. Deviating payment terms can be found on the individual invoice.
2.
In the event of defects, the customer is not entitled to withhold payment, unless the delivery is obviously defective or the customer is obviously entitled to refuse acceptance of the work. In such a case, the customer is only entitled to withhold payment to the extent that the withheld amount is in reasonable proportion to the defects and the anticipated costs of subsequent performance (in particular, rectification of defects). The customer is not entitled to assert claims and rights due to defects if they have not made due payments and insofar as the due amount (including any payments made) is in reasonable proportion to the value of the delivery or work affected by defects.
2.
No discount is granted for payment by bill of exchange. All payments are to be made free of charges. For checks and bills of exchange, the customer must bear the discount, collection, and other bank charges, even without express agreement. Payments are first credited to costs, then to interest, and then to the oldest principal claim. If we become aware that a protest is made against the customer's bill of exchange, enforcement measures are initiated against them, or other deterioration of assets occurs, we can immediately claim even not yet due receivables and such receivables for which a bill of exchange or check was given.
3.
In case of default in payment, we can demand default interest at a rate of 8% p.a. above the respective base interest rate according to § 247 BGB. Higher default damages can be proven. The customer is only entitled to offset and retention rights against our claims if the counterclaim is undisputed or legally established.
4.
In these cases and if due invoices are not paid despite reminders, we can demand advance payment or security for future deliveries.
XII. Duties of Inspection and Notification, Material Defects
1.
The purchaser will immediately check upon receipt of our deliveries whether they correspond to the ordered quantity and type and whether there are any externally visible transport damages or externally visible defects. The purchaser is not obligated to perform any further inspections. A notice of defect according to § 377 HGB is only timely if it is received by us immediately, at the latest within a period of 5 working days, calculated from the receipt of delivery. For hidden defects, this period applies from the discovery of the defect in the ordinary course of business. For payment obligations in case of notice of defects, XI.2. of our General Terms and Conditions applies. If there is a defect in the item, we are entitled, at our discretion, to remedy the defect or provide a replacement within a reasonable period to be set by the purchaser. If the delivery is to be rectified, a failure of rectification is only given after the unsuccessful second attempt. Claims for defects do not exist in case of only insignificant deviation from the agreed quality or in case of only insignificant impairment of usability. In the case of rectification of defects, we shall bear the expenses only up to the amount of the agreed remuneration for the delivery. Without our prior written consent, the purchaser is not entitled to carry out his own repairs on the delivered item, even in urgent cases. If rectification of defects or replacement delivery fails, the purchaser has the right to withdraw from the contract or to reduce the price at his discretion. Further claims of the purchaser are excluded, except in cases of intentional or grossly negligent causation by us as well as in cases of injury to life, body or health and in case of fraudulent concealment of the defect. We are therefore in particular not liable for consequential damages that have occurred outside the delivered item itself as well as for lost profit or other financial losses of the purchaser. In case of gross negligence, the liability for compensation is limited to the typical, foreseeable damage.
2.
Only the characteristics comprehensively and conclusively defined in our product description are considered as the quality of the goods. Claims for defects do not exist in case of only insignificant deviation from the agreed quality. Public statements, promotions or advertising by the supplier, the manufacturer, their agents or third parties do not constitute a contractual quality specification. The customer does not receive any guarantees in the legal sense from us. Information in product descriptions and product specifications does not, in any case, constitute a guarantee for the quality of the item or that the item will maintain a certain quality for a certain period, subject to their inclusion as quality specifications in the sense of § 434 BGB. Possible claims for damages are limited to the extent of the replacement benefit of our product liability insurance. This does not apply insofar as liability is mandatory due to injury to life, body or health.
3.
Recourse claims of the purchaser against us according to § 478 BGB only exist insofar as the purchaser has not made any agreement with his customer that goes beyond the statutory claims for defects.
4.
The limitation period for claims and rights due to defects in the deliveries - regardless of the legal grounds - is one year. These limitation periods also apply to all claims for damages against us that are related to the defect - regardless of the legal basis of the claim. However, these limitation periods apply with the following provisions: (a) The limitation periods generally do not apply in case of intent or fraudulent concealment of a defect or insofar as we have assumed a guarantee for the quality of the delivered item, (b) The limitation periods also do not apply to claims for damages in case of a grossly negligent breach of duty, in case of culpable violation of essential contractual obligations not consisting in the delivery of a defective item or the provision of defective work performance, in cases of culpably caused injury to life, body or health or in case of claims under the Product Liability Act. The limitation periods for claims for damages also apply to the compensation for futile expenses. The limitation period begins for all claims with the delivery, for work performances with the acceptance. Unless expressly stated otherwise, the statutory provisions regarding the commencement of the limitation period, the suspension of expiry, the suspension and the recommencement of periods remain unaffected. The above regulations apply accordingly to claims for damages that are not related to a defect. A change in the burden of proof to the disadvantage of the purchaser is not associated with the above regulations.
XIII. Contract Adjustment, Exclusion of Liability
1.
In the event that unforeseen circumstances significantly alter the economic significance or the content of the delivery or service, or have a substantial impact on our operations, the contract shall be adjusted. If this is not economically feasible, we reserve the right to withdraw from the contract.
2.
We are liable according to statutory provisions in cases of intent or gross negligence on our part or on the part of a representative or vicarious agent, as well as in cases of culpable injury to life, body, or health. However, our liability in cases of gross negligence is limited to the foreseeable, typically occurring damage, unless another of the exceptional cases listed in sentence 1 or sentence 3 of this paragraph (2) applies. In all other cases, we are only liable under the Product Liability Act, for culpable breach of essential contractual obligations, or insofar as we have fraudulently concealed a defect or assumed a guarantee for the quality of the delivered item. The claim for damages for the breach of essential contractual obligations is, however, limited to the foreseeable, typically occurring damage, unless another of the exceptional cases listed in sentence 1 or sentence 3 of this paragraph (2) applies.
3.
The provisions of the preceding paragraph (2) apply to all claims for damages (in particular for damages in addition to performance and damages instead of performance), regardless of the legal grounds, especially due to defects, breach of duties arising from the contractual obligation, or from tort. They also apply to claims for reimbursement of futile expenses. However, liability for delay is determined according to VI No. 2 of these conditions, and liability for impossibility according to VI No. 5 of these conditions.
4.
These provisions do not involve a change in the burden of proof to the detriment of the purchaser.
XIV. Tools, Provided Items
1.
Tools and special equipment manufactured by us and paid for by the purchaser are the property of the purchaser but remain in our possession. We may use such tools and special equipment for other purposes or scrap them if the purchaser has not purchased goods manufactured from them for two years. The purchaser waives any claims for compensation in this regard.
2.
We are only liable for intent and gross negligence regarding claims by the purchaser for damage to or destruction of items provided by the purchaser or left with us for processing; liability for simple negligence is excluded. Normal wear and tear is exempt from liability. The purchaser is obligated to take out 'external insurance' for the provided items to the necessary extent.
XV. Retention of Title
1.
We retain ownership of the delivered item until all claims arising from the business relationship with the purchaser at the time of the conclusion of the contract have been settled, including all claims arising from subsequent orders, reorders, or spare parts orders at that time. Insofar as the value of all security rights to which we are entitled exceeds the amount of all secured claims by more than 20%, we will release a corresponding part of the security rights at the request of the purchaser.
2.
In the event of behavior by the purchaser in breach of the contract, particularly in case of payment default, we are entitled to take back the delivery. The taking back or seizure of the delivery by us does not constitute a withdrawal from the contract unless we expressly confirm this in writing. We are authorized to realize the delivery; the proceeds of the realization shall be credited against the liabilities of the purchaser, less reasonable realization costs. The purchaser is obligated to handle the delivery with care. In particular, the purchaser is obligated to insure it adequately at replacement value at their own expense against damage due to fire, water, storm, burglary, and theft. In the event of a claim, the resulting security claims are to be assigned to us. If maintenance and inspection work is necessary, the purchaser must carry this out in a timely manner at their own expense.
3.
The purchaser may neither pledge the delivered items nor transfer ownership of them as security. In the event of seizures or other interventions by third parties, the purchaser must notify us immediately in writing so that we can file a lawsuit pursuant to § 771 ZPO (German Code of Civil Procedure) and provide us with all information and documents necessary to protect our rights. Enforcement officers or third parties are to be informed of our ownership. Insofar as a third party is not in a position to reimburse us for the judicial and extrajudicial costs of a lawsuit pursuant to § 771 ZPO, the purchaser is liable for the loss incurred by us, subject to the assertion of further claims due to damage, alteration, or destruction of the item itself.
4.
The buyer may resell or process the purchased item in the ordinary course of business. They hereby assign to us all claims in the amount of the final invoice amount, including VAT, which arise from the resale to their customers or third parties, regardless of whether the item has been resold without or after processing. We accept the assignment. In the case of a current account relationship between the buyer and their customer, the claim assigned to us in advance by the buyer also refers to the recognized balance and, in the event of the customer's insolvency, to the then existing 'causal' balance. The buyer may also collect the claims after the assignment. Our authority to collect the claim ourselves remains unaffected by this. We will not collect the claim ourselves as long as the buyer meets their payment obligations from the proceeds received, is not in default of payment, and no application for the opening of insolvency proceedings has been filed.
5.
The processing or transformation of the delivered item by the buyer is always carried out for us. If the item is processed with other objects not belonging to us, we acquire co-ownership of the new item in proportion to the value of the delivered item to the other processed objects at the time of processing. For the item created by processing, the same applies as for the item delivered under reservation. If the processing, mixing, or blending is carried out in such a way that the buyer's item is to be regarded as the main item, it is agreed that the buyer transfers proportional co-ownership to us. The buyer stores the resulting sole ownership or co-ownership for us.
XVI. Place of Jurisdiction, Place of Performance, Miscellaneous
1.
If the buyer is an entrepreneur, the place of jurisdiction for Hermann GmbH Co. KG is Wilfingen.
2.
Unless otherwise stated in the contract or order confirmation, our place of business is also the place of performance.
3.
For all legal issues between the buyer, even if they have their registered office abroad, and us, the law of the Federal Republic of Germany applies exclusively, excluding the conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
4.
Should individual provisions or regulations of this contract (ALB), or a provision or regulation incorporated into it in the future, be wholly or partially legally invalid, ineffective, or unenforceable, or become so, this shall not affect the remaining terms or regulatory framework. The same applies if it should turn out that the contract contains a regulatory gap. Rather, in place of the invalid or unenforceable provision or to fill the regulatory gap, a provision or regulation corresponding to or at least approaching the purpose of the provision or regulation shall apply, which the contracting parties would have agreed upon to achieve the same or most similar contractual result if they had known about the invalidity or incompleteness of the provision or regulation. If the invalidity of a provision or regulation is based on a measure of performance or time (deadline or date), a legally permissible measure shall take its place. The contracting parties are obliged to determine any necessary amendment by a formal change in the wording of the contract.
General Terms and Conditions of the Online Shop of Hermann GmbH Co. KG. (The following GTC apply in addition to the above ALB and at the same time contain statutory information on your rights according to the regulations on distance contracts and electronic business transactions.)
1. Scope of Application
These General Terms and Conditions (GTC) apply to all deliveries of Hermann GmbH Co. KG to consumers (§ 13 BGB).
2. Contractual Partner
The purchase contract is concluded with Hermann GmbH Co. KG, Lehrstr. 57, D-78669 Wellendingen. You can reach us for questions, complaints, and objections by email at "info@hermann-drehteile.de" or by phone at +49 (0) 7426 51 96 - 0 (Mon.-Fri. 9:00-15:00).
3. Offer and Conclusion of Contract
3.1 The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. All offers are valid "while stocks last", unless otherwise stated for the products. Errors excepted.
3.2 If you are a dealer, please contact our hotline or write us an
email at: shop@hermann-pferdestollen.de and we will be happy to make you an appropriate offer.
3.3 By clicking the Order button, you place a binding order for the goods listed on the order page. The purchase contract is concluded when we accept your order by sending an order confirmation via email immediately after receiving your order.
4. Right of Withdrawal
You can withdraw your contract declaration within 14 days without giving reasons in text form (e.g., letter, fax, email) or - if the item is provided to you before the deadline expires - also by returning the item. The period begins after receipt of this instruction in text form, but not before the goods have been received by the recipient (in the case of recurring delivery of similar goods, not before receipt of the first partial delivery) and also not before we have fulfilled our information obligations pursuant to Article 246 § 2 in conjunction with § 1 Paragraphs 1 and 2 EGBGB as well as our obligations pursuant to § 312g Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To meet the withdrawal deadline, it is sufficient to send the withdrawal or the item in a timely manner.
The withdrawal must be sent in writing to:
Hermann GmbH Co. KG
Lehrstr. 57
D-78669 Wellendingen
or by email to:
E-mail: info@hermann-drehteile.de
Consequences of Withdrawal
In the event of an effective withdrawal, the services received by both parties must be returned and any benefits derived (e.g., interest) must be surrendered. If you cannot return or surrender the received service and benefits (e.g., advantages of use) to us in whole or in part or only in a deteriorated condition, you must compensate us for the value in this respect. You must only pay compensation for the deterioration of the item and for any derived benefits if the use or the deterioration is due to handling of the item that goes beyond examining the properties and functionality. 'Examining the properties and functionality' means testing and trying out the respective goods, as is possible and customary in a shop. Goods that can be sent as parcels are to be returned at our risk. You must bear the regular costs of return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40.00 € or if, in the case of a higher price, you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for you. Goods that cannot be sent as parcels will be collected from you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of withdrawal or the item, for us with their receipt.
5. Prices and Shipping Costs
5.1 The prices stated on the product pages include German statutory VAT and other price components.
5.2 Cost-bearing Agreement
If you exercise your right of withdrawal, you must bear the regular costs of return if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40.00 € or if, in the case of a higher price of the item, you have not yet provided the consideration or a contractually agreed partial payment at the time of withdrawal. Otherwise, the return is free of charge for you.
6. Delivery
6.1 Delivery is made exclusively within Germany, the European Union, and Switzerland.
6.2 The delivery time within Germany is usually 5-7 working days. We will inform you of any deviating delivery times on the respective product page.
7. Payment
7.1 Payment can be made by advance payment, PayPal, or cash on delivery. 7.2 If you choose advance payment, we will provide our bank details in the order confirmation and deliver the goods after receipt of payment.
7.3 You only have the right to offset if your counterclaims have been legally established by a court or are undisputed or have been acknowledged by us in writing.
7.4 You can only exercise a right of retention insofar as the claims result from the same contractual relationship.
8. Retention of Title
Until full payment is made, the goods remain the property of Hermann GmbH Co. KG, Lehrstr. 57, D-78669 Wellendingen
9. Additional Information
Order Process
Once you have found the desired product, you can add it to the shopping cart without obligation by clicking the [Add to Cart] button. You can view the contents of the shopping cart at any time without obligation by clicking the [Cart] button. You can remove products from the cart at any time by clicking the [Delete] button. If you want to purchase the products in the cart, click the [Checkout] button. Please then enter your details. Required fields are marked with an *. Registration is not required. Your data will be transmitted encrypted. After entering your data and selecting the payment method, you will reach the order page via the [Review Entries] button, where you can review your entries once again. By clicking the [Order] button, you complete the ordering process. The process can be canceled at any time by closing the browser window. You will receive additional information on individual pages, e.g., about correction options.
Contract Text
The contract text is stored on our internal systems. You can view the General Terms and Conditions at any time on this page. The order data and the Terms and Conditions will be sent to you by email.
Data Protection
Personal data is only collected if you voluntarily provide it to us as part of your order, when opening a customer account, or when registering for our newsletter. We use the data you provide exclusively for the fulfillment and processing of your order without your separate consent. Upon complete execution of the contract and full payment of the purchase price, your data will be blocked for further use and deleted after the expiration of tax and commercial law regulations, unless you have expressly consented to further use of your data. When registering for the newsletter, your name and email address will be used with your consent for our own advertising purposes until you unsubscribe from the newsletter.
As of March 2025
Here you can find our General Terms and Conditions (GTCs) as a PDF document
