General terms and conditions of Carl Hilscher GmbH - hereinafter referred to as "Hilscher".

For all current and future business relations between Hilscher and the customer apply exclusively the following general terms and conditions in the wording valid at the time of the order. Special and additional agreements can only become valid when they are confirmed in writing by Hilscher.

Offers are non-binding. An agreement is considered valid with confirmation of the order or delivery of the goods. The customer is bound to the order for 20 days.

Delivery is sent to the delivery address indicated by the customer. In principle the risk of incidental destruction or incidental worsening of the sold merchandise is passed on to the customer at handing the goods over to the carrier, to the freight carrier or the natural or legal person or institution otherwise determined for delivery. There are no binding delivery dates.

The purchase price can be payed by bank transfer when placing the order or by cash on delivery. In the case of a delay of payment, Hilscher is entitled to charge interst at a value of 3% over the respective basis interest rate of the German Federal Bank.

The customer may offset opposing claims only in connection with undisputed or legally asserted demands. The customer is only entitled to assert a retention right on account of such counterclaims resulting frim the contractual relationship, against which the retention right is asserted.

Reservation of title shall continue to apply until payment of all current and future outstanding accounts from the current and future business relationship with the customer.

In the event of a defect, you may request a repair or exchange.
If Hilscher refuses or is incapable of a removal of the defect/replacement, in the case of a delay in this process, in terms of failure to improve or deliver a replacement, the buyer can demand a reduction of remuneration (decrease) or a cancellation of the contract (annulment).
Guarantee claims against Hilscher shall expire six months after delivery.
Customer claims to damages, in particular based on arrears, breach of contractual obligations, breach of third-party commercial property rights and impermissible behaviour are excluded, unless Hilscher, his representatives or auxiliary persons have acted deliberately or with gross negligence or carelessly breached contractual obligation.
If Hilscher is liable, liability is limited to the replacement of typical damage foreseeable at the time of conclusion of the contract. Any liability for consequential damage, financial loss and loss of profit shall be excluded. Damage mitigation does not apply when resolution or rough negligence by Hilscher, one of his legal representatives or executive is present. For claims under product liability law the preceding limitation of liability does not apply.
To the extent that Hilschers liability has been ruled out or limited, this shall also apply to the personal liability of our employees, workers, fellow-workers, legal representatives and vicarious agents.