These general terms and conditions apply only to customers who aren‘t consumers within the meaning of § 13 BGB.
All information about the goods contained in catalogs or on the website addressed to recipients and potential clients doesn’t constitute an offer within the meaning of the law and is only an invitation to start negotiations.
The compensation for material defects or non-performance of the order can be required by the buyer only if the damage was caused intentionally or as a result of gross negligence. This limitation of liability doens‘t apply to physical injuries.
4. Property rights
4.1 Simple ownership
The Seller retains ownership of the delivered item until all demands arising from the contract have been paid in full.
a) Careful handling of goods, mandatory insurance
The Purchaser must handle the purchased item with care so long as the property rights have not been fully transferred. The Purchaser is particularly required to insure the item against theft, fire and water damage at the new value.
b) Maintenance and inspection
If maintenance and inspection are required, the Purchaser must perform this work at the Purchaser's expense.
c) Occupation or execution by third parties
If the ownership has not yet been transferred, the purchaser must refer to the ownership of the Seller in the event of actions by third parties affecting the retained goods, particularly in the case of attachment orders, and must inform the Seller in writing without delay if the delivered item has been attached or is subject to other actions by third parties. If the third party is not able to reimburse the Seller for the legal and other costs of a charge in accordance with Sec. 771 ZPO (Civil Code Regulations), the Purchaser is liable to the Seller for the outstanding amount.
4.2 Extended ownership
The Seller is authorised to resell the retained goods in the normal course of business. At this time the Purchaser transfers to the Seller all liabilities in full resulting from the resale (including VAT). If retained goods are resold after processing or connection with objects that are the exclusive property of the Purchaser, at this time the Purchaser transfers to the Seller all liabilities in full resulting from the resale. If retained goods are resold not processed by the Purchaser or after processing or connection with objects that are not the property of the Purchaser, at this time the Purchaser transfers to the Seller all liabilities to the value of the retained goods with all ancillary rights and rank before the remainder resulting from the resale. However, we will not pursue the claim until our client meets his payment obligations from the profits collected by him, isn‘t in arrears with payment and there is no application to institute bankruptcy proceedings against him.
b) Processing, installation in other objects
The purchase of the purchased item by the buyer always takes place on our behalf. In this case, the right of the buyer to the claim related to the subject of sale is in the reconstructed object. If the purchased item is processed with other items that are not our property or are included in an item that does not belong to us, we acquire the co-ownership of the new item in proportion to the objective value of the items we sell. Object in relation to other processed objects during processing or to facilities in which our goods were built-in. In order to secure our claim against the buyer, he also withdraws from us such claims that were granted to him by a third party by combining the object delivered under the (extended) retention of property with its object. We are already accepting this derogation.
c) Release of collateral
The Seller agrees to release the securities due to it on request of the Purchaser if the value exceeds the secured liabilities by more than 20%.
5. Applicable law, jurisdiction
Legal relationship between the buyer and Hornik GmbH is subject to the law of the Federal Republic of Germany. The Seller's head office of Hornik GmbH is the exclusive court of jurisdiction for all disputes arising from this contract.
6. Salvator claude
If the individual provisions of this contract or our terms are or will become ineffective or contain a gap, the remaining provisions remain unaffected. The contracting parties undertake to replace an ineffective provision with a legally permissible provision that is closest to the economic purpose of the invalid provision or fills this gap.