Terms and conditions

Terms and Conditions of Sale and Delivery of Horses Home INB®.

2018-01-01

1. Subject matter of the terms and conditions, scope of application

The following terms and conditions apply exclusively to all deliveries by Horses Home INB®. They are an integral part of all offers from Horses Home INB® and agreements with Horses Home INB®, and in the case of a continuous business relationship also for all future transactions. Any other terms and conditions of the purchaser shall only apply if they have been confirmed in writing by a person authorised to represent Horses Home INB®. This shall also apply if Horses Home INB® has not expressly objected to the different terms and conditions or if the purchaser has made reference to different terms and conditions in his order.

2.Conclusion of contract

    • 2.1 All offers made by Horses Home INB® are subject to change. Contracts are only concluded with the order confirmation or the execution of the order by Horses Home INB®.
    • 2.2 All information on delivery items and services in catalogues, brochures, circulars, advertisements, illustrations and price lists etc. are merely descriptions, markings or reference values, unless otherwise stated in the order confirmation. We reserve the right to insignificant deviations from catalogues etc. or previously delivered goods.
    • 2.3 Ancillary agreements or amendments to these terms and conditions must be made in writing.


3. Scope of services

The exact scope of services is set out in the order confirmation / invoice from Horses Home INB®.

4. Disturbance of the basis of business

    • 4.1 If circumstances have changed seriously after the conclusion of the contract or if unforeseeable events such as force majeure, in particular mobilisation, war, riot, boycott or operational disruptions, strike and lockout, official interventions, energy supply difficulties, difficulties in the procurement of materials, influence the manufacture or procurement of the delivery goods, Horses Home INB® may demand the adjustment of the contract or, at its option, withdraw from the contract.
    • 4.2 The purchaser is aware that Horses Home INB® products are made predominantly from recycled raw materials, in particular from the collection of the Dual System Germany. In the event that the legal basis for the establishment and implementation of the Dual System Germany ceases to exist, in particular if declaratory decisions of the federal states are revoked in whole or in substantial parts, and therefore the manufacturer Hahn Kunststoffe GmbH, Gebäude 1027, 55483 Hahn-Flughafen no longer has sufficient quantities of raw material, Horses Home INB® shall be entitled to withdraw from the contract. The same applies in the event that sufficient quantities of recycled PVC are no longer available on the market or are only available without additional payments.
    • 4.3 If after conclusion of the contract it becomes apparent that Horses Home INB®'s claim to remuneration is at risk, Horses Home INB® may demand payment in advance or withdraw from the contract. In this case, all claims of Horses Home INB® shall be fulfilled immediately and in full by the purchaser, irrespective of any agreed payment terms.
    • 4.4 If wage and/or material costs increase more than insignificantly after conclusion of the contract, Horses Home INB® may adjust the delivery price appropriately or, if the purchaser objects to the increase in delivery price, withdraw from the contract.


5.
 Prices, terms of payment, default in payment, set-off

    • 5.1 The prices stated in the order confirmation refer to the delivery goods ex works Hahn Kunststoffe GmbH or Horses Home INB® warehouse Porta Westfalica, excluding packaging and transport. The purchaser shall in particular bear the costs of transport insurance. If the purchaser places special requirements on the packaging, these shall be agreed individually and separately in writing.
    • 5.2 All prices are subject to VAT at the rate applicable at the time of delivery.
    • 5.3 Payment shall be due 7 days, but no later than delivery. Horses Home INB® shall be entitled to charge interest at a rate of 8% above the base rate from the 31st calendar day after the due date. The right to assert a higher damage caused by default shall remain unaffected.
      In the event of default of payment by the purchaser, even in respect of only part of an invoice, all claims of Horses Home INB® against the purchaser shall become due immediately upon the occurrence of the default. Furthermore, in the event of default on the part of the purchaser, Horses Home INB® shall be entitled to prohibit the use of the delivered items, to repossess them at any time without waiving its claims, whereby the purchaser shall waive the objection of interference with possession. If Horses Home INB® asserts retention of title or takes possession of the delivered goods, this shall only be deemed to be a withdrawal from the contract if Horses Home INB® expressly declares its withdrawal in writing. Costs associated with the removal of goods shall be borne by the purchaser. Notwithstanding the purchaser's obligation to pay, Horses Home INB® shall otherwise be entitled to sell goods taken back by private contract or by public auction. The proceeds shall be credited to the purchaser. If Horses Home INB® withdraws from the contract, the purchaser shall, in addition to compensation for the use of the goods, compensate Horses Home INB® for any reduction in value, even if not due to Horses Home INB® , as well as for the total loss, including loss of profit. Horses Home INB® may claim 10% of the sales price as loss of profit without proof. 
    • 5.4 Should Horses Home INB® have to take extrajudicial or judicial measures against the purchaser outside the Federal Republic of Germany in order to enforce the fulfilment of its contractual claims, the purchaser shall be liable to pay all extrajudicial and judicial costs plus lawyers' fees which would have to be reimbursed under German substantive or procedural law. A customer with its registered office outside the Federal Republic of Germany accepts these conditions when placing the order. 
    • 5.5 The Purchaser may only set off claims that are not disputed or have become res judicata or assert a right of retention on account of such claims.
    • 5.6 If payment by instalments has been agreed and the customer is in default even with only part of an instalment, the remaining amount shall be due immediately at once.


6. Delivery periods, delay

Delivery periods are always only approximate and non-binding. Their commencement presupposes the clarification of all technical questions, the timely and complete fulfilment of the customer's duties to cooperate and compliance with the terms of payment - also with regard to other orders. If these preconditions are not met, the deadlines shall be extended appropriately, but at least by the period of the delay. Horses Home INB® shall not be responsible for unforeseen difficulties in the procurement of materials, labour, means of transport and energy, breakage of tools, force majeure, in particular mobilisation, war, riot, boycott, strike and lockout. If the purchaser sets Horses Home INB® a reasonable period of grace after the occurrence of default, he shall be entitled after the expiry of the period to withdraw from the contract or, if the default is due to gross negligence or intent on the part of Horses Home INB®, to demand damages in lieu of performance. § Section 286 paragraph 2 BGB is excluded. The purchaser shall have no further claims.


7. Delivery

    • 7.1 Deliveries shall be made without transport insurance ex works Hahn Kunststoffe GmbH, warehouse Porta Westfalica or location Horses Home INB®. The transport risk shall be borne by the purchaser, even if delivery free place of dispatch has been agreed or delivery is made with Horses Home INB® 's own vehicles. Horses Home INB® shall choose the mode of dispatch.
    • 7.2 If the purchaser does not take delivery of the goods within 8 working days after notification that the goods are ready, or if the purchaser does not inform Horses Home INB® of the shipping address within this period, or if in the case of call orders the call is not made, Horses Home INB® shall be entitled to demand immediate payment of its delivery claims as well as of storage charges to a reasonable extent. Horses Home INB® shall also be entitled to withdraw from the contract. In the case of orders on call without agreement of the delivery period, the goods shall be accepted no later than three months after confirmation of the order.


8. Retention of title

    • 8.1 Horses Home INB® shall retain title to the goods delivered to the purchaser until full payment of all claims arising from the business relationship between Horses Home INB® and the purchaser at the time of delivery or arising later from the contractual relationship; in the case of payment by cheque or bill of exchange until they have been honoured. The inclusion of individual claims in a current invoice as well as the striking of a balance and its recognition shall not affect the retention of title.
    • 8.2 The customer is entitled to resell the goods subject to retention of title in the normal course of business. However, the purchaser shall not be permitted to pledge, transfer by way of security or assign the goods by way of security. The purchaser shall be obliged to secure the rights of Horses Home INB® as a seller subject to retention of title when reselling goods subject to retention of title on credit on his part. The purchaser shall assign in advance to Horses Home INB® the claims of the purchaser arising from the resale of goods subject to retention of title; Horses Home INB® accepts this assignment. Notwithstanding the assignment and the right of collection of Horses Home INB®, the purchaser shall be entitled to collect as long as he meets his obligations towards Horses Home INB® and the claim for remuneration of Horses Home INB® is not at risk. At the request of Horses Home INB® the purchaser shall provide the information on the assigned claims necessary for collection and notify his debtors of the assignment. The purchaser shall process the goods subject to retention of title on behalf of Horses Home INB® without Horses Home INB® being obliged to do so. In the event of processing, combining, mixing and blending of goods subject to retention of title with other goods not belonging to Horses Home INB®, Horses Home INB® shall be entitled to the resulting co-ownership share in the new item in the ratio of the delivery value of the goods subject to retention of title to the other processed goods at the time of processing, combining, mixing or blending. If the purchaser acquires sole ownership of the new item, it is agreed with Horses Home INB® that the purchaser shall grant Horses Home INB® co-ownership of the new item in the ratio of the delivery value of the processed or combined, mixed or blended goods subject to retention of title and shall keep these in safe custody for Horses Home INB® free of charge. If the reserved goods are resold together with other goods, irrespective of whether without or after processing, combining, mixing or blending, the advance assignment shall be limited to the delivery value of the reserved goods.
    • 8.3 If the value of the securities exceeds the claims of Horses Home INB® by more than 20 %, Horses Home INB® shall, at its discretion, release securities to this extent at the request of the purchaser.
    • 8.4 The purchaser shall inform Horses Home INB® without delay of any enforcement measures by third parties against the reserved goods or the claims assigned in advance and shall provide Horses Home INB® with the documents necessary for an intervention.
    • 8.5 As soon as the buyer has ceased payments or an application has been filed for the opening of insolvency proceedings against his assets, he shall be obliged to immediately send the seller a list of the goods subject to retention of title that are still in existence, even if they have been processed, and a list of the claims against the third-party debtors together with copies of the invoices. The buyer shall grant the seller an irrevocable right of access to all storage rooms at any time in order to enable an inventory to be taken and any goods of the seller to be marked.
    • 8.6 Furthermore, the purchaser shall be obliged to insure goods which are Horses Home INB® 's sole or joint property adequately against all material risks. Proof of insurance cover shall be provided to Horses Home INB® on request.
    • 8.7 In the event of default on the part of the purchaser as well as in the event of a significant breach of duties of care and custody on the part of the purchaser, the assertion of the reservation of title by Horses Home INB® shall not be deemed to be a withdrawal from the contract unless Horses Home INB® expressly declares its withdrawal.


9. Duty to examine and to give notice of defects
 

    • 9.1 The purchaser shall inspect the delivered goods immediately after delivery, in particular with regard to completeness. Shortages or surpluses of more than 10% of the agreed quantity and defects shall be notified to Horses Home INB® immediately by registered letter in a comprehensible manner.
    • 9.2 Defects which cannot be detected during a proper inspection must be notified to Horses Home INB® within 7 working days of their detection, in compliance with the above-mentioned requirements for notification of defects. In the event of a breach of the duty to inspect and give notice of defects, warranty claims on account of the defect in question shall be excluded. § Section 377 of the German Commercial Code (HGB) shall apply in addition.
    • 9.3 Transport damage must be certified on the spot by the carrier and must also be settled with the carrier. The liability of Horses Home INB® is excluded.


10. Defects

    • 10.1 Horses Home INB® sources products from recycled (mixed) plastics and has them manufactured on a contract basis. These materials are not unmixed. They contain a wide variety of plastic components and other impurities. Despite constant quality controls, the mechanical characteristics of the processed recyclates in particular are subject to strong fluctuations due to the fluctuating composition of the raw material. This also applies to the varying content of foreign substances (metal inclusions, non-melted technical plastics, etc.), which can cause the individual weight and colour of the products to fluctuate. The customer is aware of these fluctuations. He expressly approves this. None of these raw material peculiarities shall be deemed to be a defect. Samples and specimens available to the customer can therefore only be regarded as examples of quality.
    • 10.2 The exclusion of deviations customary in the industry requires express written agreement. The same applies to any guarantees. Minor, non-substantial deviations of the delivered goods, in particular with regard to dimensions and colours, compared to samples, catalogues, brochures and price lists etc. or previously delivered goods shall not be deemed to be defects. The customer must check for himself whether the goods ordered are suitable for the purpose for which he intends to use them. Unsuitable goods shall only be deemed defective if Horses Home INB® has confirmed their suitability to the purchaser in writing. The wear and tear of parts subject to wear and tear in the course of normal use shall not constitute a defect.
    • 10.3 Horses Home INB® is entitled to deliver excess or short quantities in the amount of 10% of the ordered goods.
    • 10.4 If assembly, installation, sales, user or maintenance instructions are not followed, if modifications are made to the delivered goods, if parts are replaced or if materials or cleaning or care agents are used which do not comply with the specifications of Horses Home INB®, claims for defects shall only exist if the purchaser can prove that the defect was not caused by this but already existed at the time of the transfer of risk.
    • 10.5 If newly manufactured delivery goods have not yet been delivered to a consumer, justified and proper notices of defects shall oblige Horses Home INB®, at its discretion, to remedy the defects by rectification or to redeliver the delivery item or parts of the delivery item. If subsequent deliveries or rectifications fail, the purchaser may only demand a reduction in payment or, at his option, withdraw from the contract. However, the right to withdraw from the contract and any claim for damages in lieu of performance in accordance with clause 12 of these provisions shall only exist insofar as the defect is not insignificant.
    • 10.6 If newly manufactured goods have already been delivered to a consumer, the purchaser shall in principle be entitled to assert those and only those claims for defects against Horses Home INB® which his customer has asserted against him. This shall not apply insofar as the purchaser has assumed an obligation towards his customer which has not been agreed with Horses Home INB®. The purchaser shall not be entitled to withdraw from the contract with Horses Home INB® if he has had to take back the goods because he has not properly fulfilled his obligation of subsequent performance, in particular because he has culpably allowed a deadline set for subsequent performance to expire.
    • 10.7 Horses Home INB® shall only be obliged to reimburse the expenses in accordance with § 439 paragraph 2 BGB (German Civil Code) if the purchaser has informed Horses Home INB® in writing without delay of the consumer's request for subsequent performance, has informed Horses Home INB® of the intended type of subsequent performance and the approximate costs involved and Horses Home INB® has not objected without delay. The purchaser shall be obliged to take into account any suggestions made by Horses Home INB® which represent a more favourable variant of subsequent performance.
    • 10.8 The warranty for used delivery goods is excluded except in the case of warranty, fraudulent intent or any other agreement.
    • 10.9 If Horses Home INB® breaches obligations not related to performance in accordance with § 241 paragraph 2 of the German Civil Code (BGB), the purchaser shall only be entitled to a right of withdrawal and a claim for damages in lieu of performance over and above the statutory requirements if the purchaser has previously warned Horses Home INB® in writing and the breach of obligation has nevertheless not ceased.
    • 10.10 Claims due to defects shall become statute-barred within one year in the case of newly manufactured delivery goods. Otherwise, §§ 444 and 479 BGB remain unaffected.
    • 10.11 If a defect cannot be detected during the inspection after a complaint has been made by the Purchaser, the Purchaser shall bear the costs for the search for the defect.

11. Limitation of liability, damages 

    • 11.1 § 444 BGB (German Civil Code), claims for damages due to injury to life, body and health as well as claims under the Product Liability Act shall remain unaffected by the following limitations of liability.
    • 11.2 If Horses Home INB® has negligently breached an obligation that is essential for the fulfilment of the purpose of the contract, the amount of liability shall be limited to the damages that are typical for comparable transactions of this type and that were foreseeable at the time of the conclusion of the contract or at the latest when the breach of duty was committed.
    • 11.3 Claims for damages for the rest are excluded. 
      In particular, Horses Home INB® shall not be liable for damage caused to the delivery item itself, nor for consequential damage caused by defects of any kind, nor shall Horses Home INB® be liable for loss of profit or other pecuniary loss of the purchaser.
    • 11.4 The above exemption from liability does not apply if Horses Home INB® or its vicarious agents are guilty of intent or gross negligence.
    • Any further warranty claims and claims for damages of the Purchaser other than those specified in these Terms and Conditions shall be excluded, irrespective of their nature and their legal basis.
    • 11.5 The foregoing limitations of liability shall apply in the same way to tort claims of the Purchaser.
    • 11.6 The liability of Horses Home INB®'s vicarious agents is limited in the same way.


12.
Limitation

Unless otherwise specified in these terms and conditions, the limitation period for claims against Horses Home INB® which are not based on intentional conduct attributable to Horses Home INB® shall be one year.

13. Final provisions

    • 13.1 Horses Home INB® may use third parties to fulfill its obligations.
    • 13.2 German law applies, the UN Convention on Contracts for the International Sale of Goods is excluded. The contractual language is German.
    • 13.3 The purchaser agrees that Horses Home INB® stores and processes personal data and that he will not receive notification of this in individual cases.
    • 13.4 If any of these provisions is or becomes invalid or unenforceable in whole or in part, such provision shall be replaced by a provision that comes as close as possible to the economic purpose. The validity of the remaining provisions shall remain unaffected.
    • 13.5 The exclusive place of jurisdiction for all disputes arising from legal relationships between Horses Home INB® and the purchaser in relation to registered traders and legal entities under public law or special funds under public law shall be the registered office of Horses Home INB® or, at the discretion of Horses Home INB®, the purchaser's place of residence. 
    • 13.6 Unless otherwise stated in the order confirmation, the place of performance shall be the registered office of Horses Home INB®.
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