Deliveries and services are provided exclusively in accordance with our terms and conditions of delivery and payment, which the customer accepts upon receipt of our order confirmation, at the latest upon acceptance of the ordered goods. Deviating terms and conditions of purchase of the customer shall not become part of the contract even if the order is accepted. Orders, collateral agreements, amendments and other agreements shall only become effective upon our written confirmation.

Prices: The prices and price conditions published on the day of delivery shall apply. VAT will be charged additionally at the applicable rate.

Custom-made products: In the case of samples and custom-made products outside the respective valid delivery range, reasonable excess or short quantities shall be deemed to have been agreed.

Delivery times are non-binding until acceptance of the order – subject to interim sale – and are calculated from receipt of the order or at the earliest from final agreement on the execution of the order and the provision of any documents, approvals and releases to be procured by the customer. If delivery times are stated in days, only the usual working days shall count. The delivery deadline shall be deemed to have been met if the delivery item has left the factory or readiness for dispatch has been notified by the time it expires.

Delivery times are subject to significant unforeseen events during production and other obstacles such as force majeure, transport delays, operational disruptions or labor disputes in our own plants or plants of suppliers.
If the customer has suffered damage due to a delay for which we are grossly responsible, he is entitled to demand compensation for delay. Such compensation shall amount to 1/2 percent for each full week of delay, but in total not more than 5 percent of the value of that part of the delivery which is not delivered on time or cannot be used in accordance with the contract as a result of the delay. Further claims are excluded.

Packaging: Disposable packaging such as wooden crates, cardboard boxes etc. will be charged at cost price and will not be taken back. Reusable and mesh box pallets, pallets with stacking frames and lids, containers and cassettes remain our property and must be returned to the place of delivery immediately at no cost to us.
Bulk packaging contains the number of units specified in our price lists as lead packaging. Quantities deviating from this or from their multiples can only be delivered in individual packaging, provided that this does not conflict with minimum order quantities.

Shipment is at the expense and risk of the recipient free German destination, but excluding any carriage charges. Additional costs for express goods and shipping costs for small consignments shall be borne by the customer. The choice of shipping method shall be left to the place of delivery. Partial deliveries are permissible.

Return concept: If your purchased device has reached the end of its service life and you no longer need it, you may send it in a reasonable condition to the following address for recycling/disposal.

Armin Hamma Umwelttechnik, WEEE – Recycling/Disposal, Kettelerstraße 44-46, D- 78532 Tuttlingen.

Unpaid parcels will not be accepted or will only be accepted on a goodwill basis. Returned products can no longer be reclaimed.

Payments are generally to be made in EURO, plus statutory VAT, up to an order value of E 7,700.00 net immediately, from an order value of E 7,700.00 1/3 each upon order confirmation / delivery / receipt of invoice. In the case of payment from abroad, payment is to be made as LC or advance payment.
If the payment deadline is exceeded, bank interest will be charged.
The customer is not entitled to withhold or offset payment with counterclaims.
In the event of suspension of payment or over-indebtedness on the part of the customer as well as non-compliance with agreed payment terms, all claims to which we are entitled against the customer, including bill of exchange claims, shall become due immediately.

Retention of title: We retain title to all goods delivered by us until full payment has been received. In the case of current accounts, the retention of title shall serve as security for our balance claim.

If our goods are combined by the customer with other items to form a single item, we shall become co-owners of the new item on a pro rata basis. If the customer resells the goods delivered by us as intended, he hereby assigns to us the claims against his customers arising from the sale, including all ancillary rights, until all our claims have been settled in full. At our request, the customer shall be obliged to notify the third-party purchasers of the assignment and to provide us with the information and documents required to assert our rights.
The customer must inform us immediately of any seizure of the goods subject to retention of title or any other impairment of our rights by third parties.
We shall release the securities held by us to the extent that their value exceeds the claims to be secured by more than 25% in total.
If the retention of title should not be fully effective in this form for legal reasons, the customer shall be obliged to secure our claims for goods in a correspondingly legally effective manner and to cooperate in the necessary measures.

Warranty: In the case of deliveries which are demonstrably unusable in whole or in part as a result of defects for which we are responsible or the absence of expressly warranted characteristics, we shall, at our discretion and taking into account economic and technical aspects, either rectify the defect free of charge, make a new delivery or reduce the sales price. Of the direct costs arising from the repair or replacement delivery, we shall bear the costs of the repair or replacement item, including shipping, as well as the reasonable costs of removal and installation based on the value of the defective delivery item, insofar as these relate to Germany. Freight costs for the return shipment of the defective goods shall only be reimbursed if the return shipment is made at our express request.

Otherwise, the customer shall bear the costs.
The warranty period is 12 months from the date of delivery. In the case of rectification and replacement delivery, it shall only be extended by the time during which the delivery item cannot be used. Wearing parts are excluded from this provision.
We must be notified immediately of any recognizable transport damage and all other defects within 8 days of their discovery.
We may refuse to fulfill warranty claims if we are not notified of defects in good time. The same shall apply if we are not given the necessary time and opportunity to take all measures we deem necessary at our reasonable discretion. Only in urgent cases of danger to the operational safety of the customer and to prevent disproportionately large damage, in which case we must be notified immediately, or if we are in default with the rectification of the defect, shall the customer have the right to rectify the defect himself or have it rectified by a third party and to demand reimbursement of the costs to be borne by us under the warranty.

Ancillary obligations and advice: We provide ancillary contractual services (e.g. maintenance instructions) and advice, insofar as they relate to the delivery item, carefully and to the best of our knowledge in accordance with the respective state of the art and the conditions of use specified to us by the customer; with regard to the warranty, including any omissions, the above conditions shall apply mutatis mutandis.
Mere recommendations are non-binding. Catalog and list specifications do not constitute a guarantee of properties.

Liability: Further claims of the customer, in particular a claim for compensation for damages that have not occurred to the delivery item itself or that are based on the infringement of property rights, are excluded to the extent permitted by law. This also applies to unauthorized actions.

Withdrawal: If the fulfillment of the contract or the warranty claims is impossible or if we have culpably delayed them beyond a reasonable grace period, the customer may withdraw from the contract. Other claims of the customer against us, our vicarious agents or assistants, in particular claims for damages of all kinds and on all legal grounds, are excluded.

Place of jurisdiction: the supplier’s plant is the place of performance for delivery and payment. For all disputes arising from the contractual relationship, legal action is to be taken at the court responsible for the headquarters or the branch office of the supplier carrying out the delivery. The supplier is also entitled to bring an action at the customer’s head office.

Status: 12.01.2023