Imprint
Imprint
Imprint
Handorfer Weg 19
D- 31241 Ilsede
Telephonenumber: +49 (0) 5172 410 09-0
Fax: +49 (0) 5172 410 09-120
E-Mails: info@hgt-greifer.de
Managing director: Helge Schwark
The company's registered office is in Ilsede Registration with Hildesheim District Court
Commercial register no.: HRB 101387
Sales tax ID no.: 209210348
Tax no. 38.200.002 93
© 2019 HGT Hydraulikgreifer Technologie GmbH
The contents of this website are created with the utmost care. However the provider cannot guarantee that the content provided is accurate, complete or up-to-date. The content of the website is used at the user's own risk. Contributions identified by name reflect the opinion of the particular author and not always the opinion of the service provider. The mere use of the service provider's website does not establish a contractual relationship between the user and the service provider.
This website contains links to third-party websites ("external links"). These websites are subject to the liability of their respective operators. When presenting external links for the first time, the service provider checks the external content to see whether any legal infringements exist. No legal infringements were apparent at that point in time. The provider has no influence over the current and future design or content of the sites linked to. Placing external links does not mean that the service provider associates or identifies with the link or the content behind it. Constant monitoring of external links is not reasonable for the provider without specific indications of legal infringements. Once legal infringements are brought to our attention, however, such external links shall be immediately deleted.
The content published on this website is subject to Germany copyright and ancillary copyright laws. Any use not permitted by German copyright and ancillary copyright laws requires the prior written consent of the service provider or the respective rights holder. This applies in particular to copying, editing, translating, saving, processing or reproduction of content in databases or other electronic media and systems. The content and rights of third parties are identified as such. Unsanctioned copying or passing on of individual items of content or complete pages is not permitted and may be subject to legal action. Only the creation of copies and downloads for personal, private and non-commercial use is permitted. The representation of this website within external frames is only authorised when written consent has been obtained.
To the extent that special conditions for individual usages of this website deviate from the previously cited paragraphs, attention will be drawn to this expressly at the appropriate point. In this case, the special usage conditions apply in the particular individual case. Source: Legal notice template in conjunction with Rechtsanwaelte-Hannover.eu
Data protection Below we provide information about our data protection declaration. It contains information about the collection and use of personal data during use of our website. In this respect, we observe the data protection laws applicable to Germany. You can view this declaration on our website at any time. We expressly point out that data transfer over the internet (e.g. in email communication) exhibits security flaws and cannot be rigorously protected against access by third parties. The use of contact data from our legal notice for commercial advertising is expressly not desired, unless we have issued prior written consent or a business relationship already exists. The service provider and all persons named on this website hereby object to any commercial use and passing on of their data.
You can visit our website without providing personal data. To the extent that personal data is collected on our sites (such as name, address or email address), this is done, insofar as possible, on a voluntary basis. This data will not be passed on to third parties without your express consent. To the extent that a contractual relationship is to be founded, substantively arranged or altered between you and us, we collect and use your personal data, insofar as this is required for these purposes. We collect, process and use personal data to the extent required to enable you to make use of the website (usage data). All personal data shall only be stored for as long as required for the purpose mentioned (processing your inquiry or implementing a contract). In this respect, retention periods required by tax regulations or commercial law shall be taken into account. In individual cases, upon receiving a directive from the responsible authorities we issue information about this data (inventory data), to the extent that this is required for the purposes of criminal prosecution, risk aversion, the fulfilment of legal responsibilities of the constitutional protection authorities or military counter-intelligence or to enforce the intellectual property rights of third parties.
This website uses Google Analytics, a web analysis service from Google Inc. ("Google"). Google Analytics uses so-called "Cookies", text files that are saved on your computer and allow your use of the website to be analysed. The information generated by the cookie about your use of this website is generally sent to a Google server in the USA and stored there. We have activated IP anonymisation. On this website your IP address will therefore be abridged in advance by Google within member states of the European Union or in other contracting states of the European Economic Area Agreement. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and abridged there. On behalf of the operator of this website, Google will use this information to analyse your use of the website in order to assemble reports about website activities and to perform further services associated with use of the website and use of the internet in relation to the website operator. The IP address transmitted from your browser within the Google Analytics framework will not be brought together with other data from Google. You can prevent cookies being saved through a corresponding setting in your browser; we point out, however, that in this case you may not be able to make full use of all of this website's functions. Furthermore, you can prevent the recording of the data generated by the cookie and the data related to your use of the website (including your IP address) by Google as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
At any time you have the right, free of charge and immediately, to find out about the personal data that has been collected about you. You have the right at any time to revoke your consent to the use of your declared personal data at any time, with future effect. If you would like to receive information, please contact the service provider using the contact data provided in the legal notice.
Wir haben für unser Unternehmen einen Datenschutzbeauftragten bestellt.
Peiner Feld 4
Telefon: 051729392988
E-Mail: datenschutz@hgt-greifer.de
§ 1 General
These general terms and conditions apply exclusively to all – including future – legal relationships with us. Deviations require a special written agreement with persons expressly authorized to do so by the management. The application of general terms and conditions of our contractual partners is expressly excluded; they also do not become part of the contract if we do not expressly object to them. They are not recognized by mutual performance. They also do not apply if reference is made to them in individual correspondence. Should one or more provisions of our general terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected. If such a provision is ineffective, the business partners undertake to replace this provision with one that comes as close as possible to the regulation desired in this provision. If this is not legally possible, the corresponding legal regulations apply.
§ 2 Place of jurisdiction and place of performance
The law of the Federal Republic of Germany applies to all contracts concluded between us and the contractual partner, to the exclusion of all international and supranational (contractual) legal systems, in particular the UN Sales Convention. If the contractual partner is a merchant within the meaning of the Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our place of business in Ilsede. Place of performance is Ilsede.
§ 3 Orders and offers
Our cost estimates are non-binding. Offers are binding for three months from the date of manufacture, unless otherwise agreed in writing. Orders from the contractual partner are considered binding as soon as they have been confirmed by us in writing. If the delivery takes place without confirmation, the delivery note or the invoice is also valid as an order confirmation. Our general terms and conditions apply exclusively.
§ 4 Prices
Our prices are always net prices plus statutory sales tax ex works. They are based on calculations that are valid when the offer is submitted. If the offer is changed before the written order confirmation or before delivery, we reserve the right to make a corresponding price adjustment, to the extent permitted by law.
§ 5 Delivery and Acceptance
Delivery dates and deadlines are non-binding. The contractual partner can request us in writing four weeks after exceeding a non-binding delivery date or a non-binding delivery period to deliver within a reasonable period. All facts beyond our sphere of influence - including strikes, lockouts, operational disruptions, etc. at our premises or at our suppliers/carriers - release us from the obligation to deliver for the duration of the hindrance or at our discretion, without the contractual partner being entitled to any claims against us. If carriage paid delivery has been agreed, we will in all cases choose the most favorable alternative for us. Additional costs for express and urgent shipments are borne by the recipient. The contractual partner shall bear any additional freight caused by an increase in the additional freight after conclusion of the contract. We will endeavor to take into account the wishes and interests of the contractual partner with regard to the type and route of dispatch; Any resulting additional costs – even if carriage paid delivery has been agreed – shall be borne by the contractual partner. The risk is transferred to the contractual partner when the goods are handed over to the forwarding agent, carrier or collector, at the latest when they leave the factory. This also applies if carriage paid delivery has been agreed.
§ 6 Retention of title
The delivered goods (reserved goods) remain our property until all claims to which we are entitled against the contractual partner now or in the future have been settled, including all current account balance claims. If the contractual partner behaves in breach of contract - in particular if he is in arrears with the payment of a claim for payment - we have the right to take back the reserved goods after we have set a reasonable deadline for performance. The contractual partner bears the transport costs incurred for the return. We may recycle reserved goods which we have withdrawn. The proceeds from the exploitation will be offset against the amounts owed to us by the contractual partner after we have deducted an appropriate amount for the costs of the exploitation. The assertion of our right of ownership, in particular by taking back the goods, is considered a withdrawal from the contract. The contractual partner must treat the reserved goods with care. He must insure them adequately at his own expense against fire, water and theft damage at replacement value. If maintenance and inspection work becomes necessary, the contractual partner must carry it out in good time at its own expense. The contractual partner may use the reserved goods and resell them in the ordinary course of business as long as he is not in default of payment. However, he may not pledge the reserved goods or assign them as security. The contractual partner's payment claims against its customers from the resale of the reserved goods and those claims of the contractual partner with regard to the reserved goods that arise from another legal reason against its customers or third parties (in particular claims from tortious acts and claims for insurance benefits), including all current account balance claims the contractual partner hereby assigns to us in full as a precaution. We accept this assignment. The contractual partner may collect these claims assigned to us on his own account and on our behalf as long as we do not revoke this authorization. This does not affect our right to collect these claims ourselves; however, we will not assert the claims ourselves and will not revoke the direct debit authorization as long as the contractual partner duly meets his payment obligations. However, if the contractual partner behaves in breach of contract - in particular if he is in default with the payment of a payment claim - we can demand that the contractual partner informs us of the assigned claims and the respective debtors, informs the respective debtors of the assignment and informs us all Hands over documents and provides all information that we need to assert the claims. Any processing or transformation of the reserved goods by the contractual partner is always carried out for us. If the reserved goods are processed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods (net invoice amount plus sales tax) to the other processed items at the time of processing. For the rest, the same applies to the new item created by processing as to the reserved goods. If the reserved goods are inseparably connected or mixed with other items that do not belong to us, we acquire co-ownership of the new item in the ratio of the value of the reserved goods (final invoice amount including sales tax) to the other connected or mixed items at the time of connection or mixing. If the goods subject to retention of title are combined or mixed in such a way that the contractual partner's item is to be regarded as the main item, the contractual partner and we already agree that the contractual partner transfers proportional co-ownership of this item to us. We accept this transfer. The contractual partner will keep the resulting sole ownership or co-ownership of an item for us. In the event of seizure of the goods subject to retention of title by third parties or other interventions by third parties, the contractual partner must refer to our ownership and must notify us in writing without delay so that we can enforce our property rights. If the third party is unable to reimburse us for the judicial or extrajudicial costs incurred in this connection, the contractual partner shall be liable for them. If the contractual partner requests this, we are obliged to release the securities to which we are entitled insofar as their realizable value exceeds the value of our outstanding claims against the contractual partner by more than 10%. However, we may select the securities to be released.
§ 7 Payment
Our invoices are payable within 10 days of the invoice date with a 2% discount or net cash within 30 days. Discount is only granted if there are no previous payment obligations. Repair invoices are payable immediately upon receipt. Checks are only accepted on account of performance. Checks are accepted with reservations and are only valid from the time the payment is cashed. If the payment deadline is not met, we are entitled to demand default interest of 6% p.a. without prior notification. If payment in installments has been agreed, a deterioration in the solvency of the contracting party or non-compliance with the agreed terms of payment entitles us to demand immediate full payment of the purchase price or appropriate security.
§ 8 Offsetting, right of retention and assignment
The contractual partner is only entitled to set-off, retention and objection to the non-fulfilment of the contract if the counterclaims have been legally established, recognized or are undisputed. An assignment of claims of the contractual partner from the contracts concluded with us is only permitted with our written consent.
§ 9 Liability for defects and warranty, exclusion of liability
The statutory provisions shall apply to the rights of the contractual partner in the event of material defects and defects of title (including incorrect and short deliveries as well as improper assembly or defective assembly instructions), unless otherwise specified below. In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse in accordance with §§ 478, 479 BGB) remain unaffected. Our products are constantly kept up to date with the latest technology and are subject to constant further development. Changes in construction or design therefore do not justify a complaint. If the quality has not been agreed, it is to be assessed according to the statutory regulation whether there is a defect or not (§ 434 Para. 1 Clause 2 and 3 BGB). However, we assume no liability for public statements by the manufacturer or other third parties (e.g. advertising statements). The contractual partner must comply with the reporting obligations applicable among merchants. Any complaints must be made in writing only. If the contractual partner fails to carry out the proper inspection and/or notification of defects, our liability for the non-notified defect is excluded. If the delivered item is defective, we can choose to rectify the defect (rectification) or deliver a defect-free item (replacement delivery) within a reasonable period of time set by the contractual partner. We are entitled to make the supplementary performance owed dependent on the contractual partner paying the purchase price due. However, the contractual partner is entitled to retain a part of the purchase price that is reasonable in relation to the defect. The contractual partner must give us the time and opportunity required for the supplementary performance owed, in particular to hand over the goods complained about for inspection purposes. In the case of a replacement delivery, the contractual partner must return the defective item to us in accordance with the statutory provisions. Unless otherwise stated in the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions. We are liable for damages – for whatever legal reason – in the event of intent and gross negligence. Our liability for simple negligence on the part of our organs, legal representatives, employees or other vicarious agents is excluded. This does not apply to damage resulting from injury to life, limb or health, for damage resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies and may rely). . The exclusion of liability also applies to legal claims under the Product Liability Act. The same applies to claims under the Product Liability Act. The above exclusion / limitation of liability applies to the same extent in favor of our organs, legal representatives, employees and other vicarious agents. A free right of termination of the contractual partner (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the legal requirements and legal consequences apply.
§ 10 Spare and exchange parts
HGT can replace defective/replaced parts with new or equivalent refurbished parts as part of the repair and after-sales service. HGT can accept old parts that have been replaced by new replacement parts if the old parts are a) in an exchangeable, d. H. are ready for refurbishment and reusable, b) correspond to the replacement part supplied in terms of number, pattern and completion and c) are free of damage, such as breaks and cracks, which can be attributed to improper use. Ownership of old parts is transferred to HGT upon handover.
§ 11 Statute of limitations
Deviating from Section 438 Paragraph 1 No. 3 BGB, the general limitation period for claims arising from material and legal defects is one year from delivery. If acceptance has been agreed, the limitation period begins with acceptance. This does not affect the special statutory provisions for third-party restitution claims (§ 438 Para. 1 No. 1 BGB), in the event of fraudulent intent on the part of the seller (§ 438 Para. 3 BGB) and for claims in supplier recourse in the case of final delivery to a consumer (§ 479 BGB) The above Statutes of limitation under sales law also apply to contractual and non-contractual claims for damages by the contractual partner based on a defect in the goods, unless the application of the regular statutory statute of limitations (§§ 195, 199 BGB) would lead to a shorter statute of limitations in individual cases. The limitation of the product liability law remain unaffected in any case. Otherwise, only the statutory limitation periods apply to claims for damages by the contractual partner.
§ 12 Drawings and industrial property rights
Descriptions, operating instructions and brochures are generally provided by us free of charge. Drafts and production drawings may not be duplicated by the recipient or made accessible to third parties without our written consent. If there is no delivery contract, the documents provided by us must be returned without being asked. The contractual partners undertake not to make any unlawful use of the goods purchased from us, in particular to respect our property rights, to refrain from any copying and reproduction, including unprotected parts, and to recognize our intellectual property in the goods supplied. Violations oblige to full compensation.
§ 13 Data Protection
We are entitled to process the data received about the customer in relation to the business relationship or in connection with this, regardless of whether it originates from the customer himself or from a third party, within the meaning of the Federal Data Protection Act.
As of 20.06.2011
