1. Offers are at all times without obligation to us. Orders become binding only after our written order confirmation.
2. Contracts are closed exclusively on our terms. Contrary clauses of the Buyer become legally effective only when accepted by us in writing. If our order confirmation differs from an issued order, the terms quoted by us become effective automatically if no objection is raised to them in writing within one week. The minimum order value is € 125,- in Germany and € 250,- abroad. If the order fails to meet the minimum value, we reserve the right to bill a flatrate handling charge of € 20,-.
3. Agreed Prices apply at all times ex our works excluding packing and value-added tax. For export shipments, agreed prices will be quoted by us in writing.
4. Measures and Weights: Over- or underdeliveries of up to 10 % are in principle permitted. Changes due to technical progress are reserved and do not require our explicit prior notice.
5. Delivery Dates are quoted to the best of our knowledge and in line with the latest situation at time of order acceptance. Possible delivery problems entitle us to an adequate grace period for a new shipment or to withdraw from the contract in whole or in part without this entitling the Buyer to a claim for compensation.
6. Shipments are always made ex our works and are at all times for account of the Buyer. The risk is transferred to the recipient with the shipping notice or at the latest when the goods leave our works. Except when explicitly agreed otherwise, the choice of the shipping method is at our discretion. Special agreements must be negotiated in writing in advance.
7. Delivery Quantities: In principle, partial shipments are allowed as long as these add up to the total order quantity at the latest by the confirmed delivery date.
8. Payment Terms: Invoices are at all times made out in Euro and due within 7 days with a 2 % cash discount or at 30 days net. For the first order, we reserve the right to ship COD or demand prepayment. Terms to the contrary must be explicitly confirmed by us in writing. The Buyer is required to compensate possible differences resulting from fluctuations in foreign exchange rates. In the case of default, we are entitled to charge 2 % late-payment interest per month.
9. Reservation of Ownership: Delivered goods remain our property up to the satisfaction of all our claims. In the case of their processing, compounding or mixing we acquire co-owner-ship in the new product at a ratio of the invoice value of the reserved goods. If reserved goods are sold to a third party, a claim in the amount of the invoice amount of the delivered goods shall be assigned to us without further notice.
10. Claims are entertained only within one week from delivery. Claims for concealed vices that remain undetected during a promptly performed incoming goods inspection are accepted only within 6 months after the goods have left the manufacturing plant.
11. Warranty: The Buyer is entitled to a warranty claim only if the precise operating conditions were known to us on order acceptance and if the Buyer has used the goods in accordance with the intended purpose. Offers made by telephone or verbally are made to the best of our knowledge but are binding only after our written confirmation. We endeavour to the best of our knowledge to give technical advice on the use of our own or other products distributed by us. Our advice is supplied free of charge but represents only experience values which may not be considered guaranteed. They do not entitle to any claims against us, also in connection with possible industrial property rights of a third party. The Buyer is not exempt from his obligation to check product suitability through a respective inspection. For this purpose, we will supply free test samples after prior consultation. If a claim has merit, we will at our choice and at the exclusion of other claims provide a repair or ship a replacement up to a maximum amount of the order value. The same applies in the case of a justified claim involving the repair or replacement. In the case of a late, omitted or failed repair or replacement delivery, the Buyer may at his choice demand a reduction in the price or withdraw from the contract. Secs. 361 and 463 BGB remain unaffected. The liability for consequential damage is excluded except if we are guilty of premeditation or gross negligence. Our liability under the Product Liability Act remains unaffected. Defects in only a part of the product do not entitle the Buyer to reject the entire shipment. With third-party products (commercial goods), our liability is limited to the assignment of our claims against the supplier when obvious defects were not detected by us.
12. Important Notes on the Use and Operation of High-Temperature and Chemical Hoses: All hose models for high-temperature applications were designed as suction hoses for vacuum applications. Adequate fan power must therefore be provided without fail. In the absence of any experience with the handling of our hoses – in particular in pressurized applications – we positively recommend a prior test or to consult a technical consultant. This applies in particular to alternating (moving) loads, high temperatures, vibrations, friction and chemical corrosion, all of which may entail extreme and critical stress. After consultation, we are prepared to supply test samples and service life tables. The contract basis for the sale of these hoses is at all times an SHP questionnaire duly filled out by the Buyer.
13. Negotiated Terms: SHP products may be used only in accordance with our written specifications. We do not assume any warranty or liability in the event of non-compliance. The Buyer agrees to indemnify us for possible claims by third parties. All neoprene- and silicone-coated UNI hoses may be used only for dry hot air, not moist hot air. Pressure and vacuum ratings were determined at all times after fastening both ends of the hoses. Pressure and vacuum data for PVC hoses are valid only when used at a room temperature of + 20°C.
14. Contract Performance: Our contracts are considered filled only after the receipt of payments at our headoffice.
15. Court of Jurisdiction for all mutual claims is at all times Lübeck. This also applies to bill of exchange and cheque liabilities. All delivery contracts are subject to the laws [HGB/BGB] of the Federal Republic of Germany. We assume no product liability of any kind if the intended use of our hoses was not specified to us in writing.
