Terms and Conditions
For the course of business between the orderer (buyer) and the HUM GmbH (seller) following conditions apply. They overrule any different phrased conditions, which are sent by the buyer or are on his documents, in any case. Unless a contrary written agreement is signed, these conditions apply to the entire present and future course of business, also as far as during an individual confirmation of order in the context of an existing business relation, no particular reference is made to these conditions. By placing of orders the buyer acknowledges and accepts expressly these conditions.
Quotations and offers
Are not binding. Verbal special agreements require a confirmation in writing.
Please order in writing by mail, email or fax. For delivery within Germany we charge a low quantity surcharge and packaging costs on orders below 250 euro net value of goods. Deliveries outside Germany are ex works.
We are committed to keep the times for delivery confirmed by us in writing; they are, however not binding. All facts lying outside of the sphere of influence of the seller (strike, lockout, general handicap of the money and credit transactions, wartime situations, rejects – regardless whether in work of the seller or one of his subcontractors) is considered as force majeure and frees the seller of the duration of this conditions from the obligation to supply and does not entitle the buyer to the partial or entire cancellation of the order. The same applies in the case of legal or official and governmental orders, which hinder or make the supply more difficult, regardless whether in work of the seller or one of his subcontractors of during transportations.
Special production on special instruction of the buyer: the buyer assumes all consequences, which may result from a possible infringement of patent rights of a third party.
Dispatch takes place ex factory Lünen – also in the case of franco supplies – always on the invoice and risk of the buyer whether by own vehicles or freight, forwarder, post office or from stock of one of our branch offices or other delivery service. In case of visible transport damages, a written claim is to be made immediately to the shipping company and for hidden damages within 6 calendar days. The special regulations of the shipping company pertaining to damaged goods are to be observed. The message is to be sent to the seller together with a damage report immediately. If the net value of goods exceeds 250 euro the shipment is free within Germany. Additional charges / surcharges for dangerous good shipments (e.g. gas cylinder) and private deliveries will be upraised separately and invoiced. If a specific model of shipment is requested from the seller, the buyer would be invoiced for possible extra costs.
Retention of title
Delivery is made under retention of title, even if it concerns an order for resale or a special date of payment was agreed upon. Partial deliveries are permissible. The property rights are transferred to the buyer only if he has settled his entire commitments, which results from the goods deliveries or otherwise from the mutual business relation. A set-off of counterclaims is impossible.
By the buyer requires no limitation period for the seller to execute his legal rights, like rescission from contract and right for compensation due to lack of fulfillment of contract.
Transportation and sales packing
Are not invoiced and are taken back in the context of the packing regulation. The cost of the return of the packing is to be borne by the buyer. In all other respects to the disposal, we refer to the possibility of disposal by resy and the green point. Special regulations apply to special packing, which in accordance with operating instructions, are to be kept for possible return transports of the devices.
Payments must be made in cash immediately after receipt of the invoice without any deduction, unless the buyer is expressly granted a different payment term in offers, confirmations of order and invoices. After the expiry of the different period granted, the buyer is in default of payment. The receipt of payment by the seller is decisive for the timeliness of the service. If payment is not made in cash, payment must be made by bank transfer, stating the customer and invoice number, to the account specified on the invoice. Transfer charges are borne by the buyer. In case of delayed receipt of payments, delay interest and cost can be charged under reservation of the assertionof further rights. A special delay notice is not required.
Claims must be made within 6 days after receipt of the shipment. Also in cases in which an objection takes place the purchase price is to be paid on the date agreed upon subject to later regulation of the difference.
Liability for faulty supply
For faulty supply to which belongs also the absence of expressly assured characteristics the seller is liable under exclusion of further claims as follows:
a) All those parts which at the discretion and underlying choice of the seller are to be repaired or supplied again free of charge those within the guarantee period after passage of the risk as can be proven due to a circumstance – in particular because of missing design, bad materials or unsatisfactory execution – lying before the passage of the risk, useless or in its usefulness to be substantially impaired. The statement of such fault has to be sent to the seller immediately in writing. Replaced parts become property of the seller. For third party products, the seller‘s liability is limited to the assignment of liabilities, which he has against the supplier of these products.
b) The right of the buyer to enforce claims from faulty deliveries is in all cases subject to a statute of limitations of 6 months from the time of punctual claim, however at the earliest at expiry of guarantee period.
c) No guarantee is taken over for damage which occurred for following reasons: unsuitable or improper use, in particular the neglect of the operating instruction attached to the equipment, incorrect assembly and/or initial startup by the orderer or third; incorrect or inappropriate maintenance. Incorrect or inappropriate maintenance is also present if the manufacturer prescribed maintenance schedule is not observed, omitted or executed by persons not authorized by the manufacturer; incorrect or inappropriate repairs by persons, to whom the manufacturer did not assign he completion of this work; natural wear, incorrect or careless treatment, in particular excessive use. If the article delivered is supplied to a specialist dealer and installed by him, the obligation for the appropriate installation and appropriate maintenance falls on the dealer.
d) For the undertaking of repairs and replacements appearing necessary time and opportunity after communication with the seller, otherwise the seller is freed of the warranty for defects.
e) For the direct costs resulting from the repair and/or replacement by the seller, as far as the claim itself is justified, the seller bears to that extent the cost of the repair and/or the spare part including the shipping cost.
f) For the spare parts and the repair, liability only up to the expiration of the original guarantee period. The period for the warranty for defects at the article delivered is extended however by the duration of the operating interrupt causes by the improvement work.
g) In case of inappropriately change or repairs made by for instance on the part of the orderer or third without prior permission of the seller, the liability of the seller is excluded, for any consequences developing from it to full extent.
h) Further claims of the orderer, in particular a claim on refund of damages, which did not develop on the article delivered, do not exist.
i) A claim of the orderer on subsequent delivery of spare can generally not validly be made at expiration of 5 years after the supply of the equipment.
j) For repairs, a guarantee period of 6 months applies to spare parts and the work executed.
As for accepted returned goods, either for exchange or for credit, which result from incorrect orders or for reasons outside our responsibility, we shall have the right to demand from the buyer a processing fee in the amount of three percent (3 %) of the net price of the goods, at least however 20,00 €. The amount of the processing fee may be set higher or lower, depending on whether we provide proof of greater damages or the buyer provides proof of lower damages. Returns made without an invoice number or delivery note number cannot be processed. The goods must be in the original packaging and in an intact condition.
Place of fulfillment of contact
For supply and payment, also in the case of franko supplies, the place of jurisdiction is Lünen. In all points of controversy the German law applies.
Buyers of steel cylinders for compressed or liquefied gases are referred and obligated to the regulations (compressed gas regulation), valid in accordance with §7 of the police regulation for traffic with these gases, to meet the relevant laws and regulations.
Change of price
We must reserve ourselves the right to change of price. In each case the prices of the last issue of our price list or other relevant reports or declarations apply. We are however not obligated to a current and binding notification about price adjustments in relation to our clientele.
Right of withdrawal
We must reserve ourselves the right of withdrawal without any liability.
Account for 1 year. By way of derogation, the information in the respective instructions for use shall apply.
If individual regulations of these terms of sale should be legally ineffective, the remaining contents are not affected.
All image rights are held by HUM Gesellschaft für Homecare und Medizintechnik mbH or its partners. Use without explicit permission is prohibited.