Hofmann the furnaceproducer!
by T. Seidl
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Validity of purchase conditions: These conditions apply to all contracts which Hofmann as a buyer or customer concludes as far as something else is not particularly mentioned and in written form agreed on. Purchase conditions delivery terms of suppliers differ, do not become contract contents, these of the Hofmann even if Hofmann particularly doesn't contradict you. General information: As soon the order is accepted or at the latest when the execution has started the supplier acknowledges the validity of the purchase conditions. Offers: The supplier has to stick exactly to our enquiry regarding the approach, amount and composition. In any case of deviation the supplier has to inform Hofmann immediately. Offers are free of charge and noncommittal. Completion of contracts: Only written orders are legally binding. In case of informal business transactions Hofmann's business letter of acknowledgement is regarded as an order. If Hofmann remains silent on suggestions, demands or proofs of the supplier, it can on no account then be regarded as approved unless something else is mentioned particularly and agreed on in written form. If Hofmann concludes a general agreement contract on future deliveries (price contract) with the supplier, then an order placed by Hofmann is obligatory provided that the supplier does not contradict within 5 working days. Order acceptance: Every accepted order has to be confirmed and returned by post. Any correspondence which concerns this order must show the recognizable features (order number and date of the ordering letter). Our orders are revocable as long as the confirmation of the unchanged acceptance has not reached us. Any deviation of the order has to be clearly indicated in the order confirmation. Delivery time: The delivery time indicated in the order is binding. In case of delay the supplier is obliged to immediately inform Hofmann about the detailed reasons and the expected duration of the delay in written form. This has to be done as soon as it is recognizable for the supplier that the arrange delivery time cannot be held. As long as and as far as the delay is caused by an unnatural happening, such as a natural disaster, and in case the delivery then is no longer usable for Hofmann, Hofmann is not obliged to the accept the delivery. In such a case Hofmann is entitled resign from the contract. The supplier is exclusively liable for damages which occurred due to non-compliance of the delivery time. Higher carrying out costs (express freights, special transport etc.) have to paid by the supplier - regardless of our other legal rights. If the delivery has not taken place within an adequate extended period of time, Hofmann can particularly demand compensation (payment) or obtain a substitute from a third party or demand the resignation after a fruitless expiry. Independently of it the above mentioned, Hofmann is authorized to receive a contract-penalty from the supplier for breaking the contract which is 1% each newly stared week. However, the maximum of demand lies at 10% of the complete order value of the delivery of the supplier. In firm breakdowns which occur not through our fault exempt us for the duration of the disturbance from acceptance and financial obligation. Early deliveries require our exclusive consent. Partial invoices are accepted unless with an exclusive consent of Hofmann. Danger transition, documents: The delivery includes transportation costs to Hofmann in Hellmonsödt and the packaging - this is valid unless something else is particularly agreed on or mentioned in the order. A delivery note has to be enclosed with every delivery. Invoices simultaneously with goods dispatch - both including the details of our ordering sign - have to be sent to Hofmann. Prices and payment: The price indicated in the order is binding. If deliveries are defective or the performance is inadequate and does not meet Hofmann's expected request, then Hofmann is authorized to withhold the payment until the proper fulfillment without loss of any discounts or similar payment privileges. Entrance test: For quantities, measures and weights the values determined by us at the entrance test are authoritative. Delivering more or less than the arranged amount in the order is not permitted. Liability for faulty goods: As far as - due to the peculiarity of our company - we are not able to examine ingoing goods with the business examination and warning duty, especially when the packaging cannot be removed easily or immediately, then the supplier renounces to keep the legal examination and warning duty according to § 377 HGB. Payment does not mean recognition of goods which are free from faults. Regardless of our legal guarantee claims we reserve us the right to make the delivered product available, even though it is defective or faulty. The supplier is then obliged to after-fulfil our expectations by an immediate free delivery or free after-work. If the supplier does not follow his duty to repair the failure (within 8 days), the customer is authorized to provide the object of the delivery. Moreover, the customer is allowed to obtain a corresponding substitute for him without having to set an extension period for the supplier. Furthermore, Hofmann reserves itself an extended right to vote in case of defective goods (price reduction, immediate compensation instead of improvement). The warranty period lasts 24 months and starts after commissioning of the good at the user's place, max. 36 months as of delivery by the supplier. In addition, in urgent cases we are authorized to carry out or let someone else carry out the elimination of the defects the expense of the supplier. In case of hidden defects we reserve us the right to demand replacement of the charges attacked until discovery of the defect. The return of queried goods is carried out at the expense and the risk of the supplier. As far as nothing is agreed on differently in the individual contract, the legal regulations are authoritative. Drawings and models: Drawings, tools and other objects which the customer makes available or pays for the execution of an order, remain or become his property over which he can freely dispose. The supplier is liable for the loss, damage, proper return or improper usage of any given object. Provided drawings and samples may be passed on to third parties only with a written consent of the company Hofmann. CE-Declaration of conformity/manufacturer explanation: The delivered products must fulfill every regulation, guideline and norm concerning the respective product. If for the product a manufacturer explanation or a conformity explanation (CE) should be required according to the EC machine guideline, the supplier has to immediately make them at his own expense and place them upon disposal. A danger analysis has to be delivered free of charge. Right of ownership at toll-manufacturing: 1) Material which is provided by the customer for the execution of his orders remains his property. Immediately after take-over by the supplier the property of the customer has to be clearly marked. Moreover, it has to be stored separately of uniform or similar material. The material may only be used for the execution of the placed order. 2) New things which arose from the working process of the material which is provided by the customer belong to the customer; provided that it does not belong to him anyway due to the legal position. This has to be assigned by the supplier immediately after completion. The supplier has to inform the customer after completion of every partial production. Moreover, he has to place it to the customer's disposal at any time. 3) If objects which are property of the customer or which were assigned to him are impound or the intention of impounding exists or his rights are impaired and threatened in another way, then the supplier has to immediately inform the customer about it. 4) The supplier is obliged to insure - at his own expense - all the material which is provided by the customer and the products passed on into this property against all usual risks. 5) If the material provided by the customer was damaged during transportation or if reductions were recorded at departure, the supplier must immediately assert this to the responsible transport agent. In addition, the customer has to be informed by the supplier immediately. Secrecy: The contracting parties oblige themselves to strictly keep a secret on all information from the cooperation of this contract. Additionally, the information has to be used exclusively for the purposes of this contract. -It is provided that the information was not purchased by third parties legally or worked out by third parties independently. - This information includes particularly technical data, amounts of cover, prices as well as information about products and product developments about present and future research and development plans and all corporate data of the other contracting party. Furthermore, the supplier is obliged to strictly keep a secret on all received illustrations, drawings, rights and other document. Third parties are only allowed to receive information with the Hofmann's consent, provided that the contained information is not generally known. If necessary the supplier has to engage sub-suppliers correspondingly. End regulations: The supplier must not pass the order or essential parts of the order on to third parties without a previous written consent of Hofmann. As soon as the supplier suspends his payments, a temporary insolvency administrator is ordered or the insolvency method is opened, Hofmann is authorized to withdraw from the contract completely or partly. Furthermore, the right of the Republic of Austria is exclusively valid under exclusion of the UN purchase right agreement. If single parts of these purchase conditions should be invalid, the effectiveness of the other regulations is not altered. Place of jurisdiction is Linz. Hofmann reserves the right to the institution of proceedings at every other permitted place of jurisdiction.
conditions for purchasing
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