Hama 118629 00118629 User Manual

582

General Terms and Conditions

November 2013

We shall carry out deliveries exclusively in accordance with the following conditions. The 

purchasing party shall recognise these conditions of purchase as binding for all future transactions. Any 

agreement deviating from these terms requires our express written confirmation. No purchase 

conditions of the purchasing party that differ from the conditions stated here shall be considered 

valid unless they have been expressly accepted in writing by Hama. Hama’s general terms of deli-

very and payment shall enter into validity no later than at the point of delivery of goods. 

Customer information shall be stored and processed electronically, inasmuch as this is required 

for the proper conclusion of the given business transaction, in accordance with all relevant data 

protection regulations.
2. Quotations and Orders

The receipt of a quotation does not oblige Hama to acceptance thereof. Changes shall be made 

in writing. 

Technical details and illustrations of articles for sale in advertising brochures and other advertising 

information are not binding features, but instead descriptions or labelling of our products. Factory 

tolerances as considered usual within the trade shall be considered binding in all cases insofar no 

special limits for acceptable deviation have been agreed upon. Where samples have been provided, 

Hama shall make every effort to deliver to the quality and specifications of the relevant sample. 

Slight deviations shall not form the basis for any right to complain on the part of the ordering party.
3. Prices

All prices are ex works or warehouse and subject to legally stipulated value added tax. Postage and 

packaging costs are itemised separately in invoices, as is transport insurance. 
4. Delivery and Period of Delivery

Unless the period of delivery has been agreed upon in written form for a specific case, then delivery 

dates are to be understood as approximate dates to be adhered to by us if possible. Should the 

period of delivery be exceeded, the purchasing party may set an appropriate extension of said peri-

od, after the end of which he or she may withdraw from the contract through written declaration 

of his or her intent to do so.

The period of delivery shall be deemed as adhered to if the object of delivery has left the factory or 

notification of readiness to ship has been sent before the end of said period. 

The period of delivery shall be extended in the case of eventualities in terms of industrial disputes, 

particularly strikes, lockouts and in the event of unpredicted obstructions beyond our control such 

as disruption of production, delay in the delivery of essential materials and other such disruptions 

as demonstrably bear on the delivery of the object to be delivered. The same applies should such 

eventualities affect subcontractors. The period of delivery is extended in accordance with relevant 

eventualities and obstructions. Should delivery become impossible or unreasonable, we are relea-

sed from the responsibility of making delivery. 

We are also not responsible for the aforementioned circumstances if they occur during an already 

existing delay. In important cases, the onset and conclusion of such obstacles shall be communica-

ted by Hama to the ordering party at the earliest possible occasion. 

The customer shall have no right to compensation for delayed delivery, provided that deliberate or 

gross negligence on our part cannot be demonstrated. 

We are entitled to undertake partial deliveries in acceptable and reasonable quantities. Disputes 

over partial delivery do not entitle the purchasing party to refuse further partial deliveries.
5. Dispatch and Transfer of Risk

All deliveries take place at the expense of the customer. 

The choice of route and means of transport is determined by Hama to ensure the swiftest 

transportation and punctual arrival to the best of its knowledge but without liability on the part 

of Hama.

Risk shall be transferred to the customer when the object of delivery is received by the forwarding 

agent, carrier or other transporting agent – including those that are employed by us – and in any 

case no later than when object leaves the factory or warehouse. This also applies to FOB and CIF 

transactions. 

Goods for which notice has been given that they are ready for dispatch on the agreed upon date 

must be retrieved immediately. Hama is otherwise at liberty to store goods at the cost and risk of 

the customer as it considers fit, and to charge such goods as ex works or warehouse. The same 

applies if delivery cannot occur as a result of failure or suspension of transport, or of other con-

ditions for which we cannot be held responsible. Should the ordering party delay acceptance of 

delivery for more than fourteen days after receiving notification of availability either intentionally 

or through gross negligence, Hama shall be, after an extension of a further fourteen days, entitled 

to withdraw from the contract or to demand compensation for breach of contract.
6. Terms of Payment 

In the case of delayed payment and justified concerns as to the solvency and creditworthiness of a 

purchasing party, Hama is within its rights to demand securities or advance payment for pending 

deliveries and to make all claims of the financial transaction immediately payable without affecting 

our other rights.

Germany. Payment of the purchase price is to be made within the period agreed upon, with the 

default period being ten days from the date of invoice. Payment shall be made in cash or by transfer 

of funds at a discount of 2% within ten days, or within thirty days without any discount on the 

fixed price. Payment shall be made irrespective of receipt of goods. We give no discount for Cash 

On Delivery (C.O.D.) shipments. Payment by the ordering party shall be deemed to be in default if 

such payment has not been made within thirty days of becoming due and of receipt of the invoice. 

Set-off and retention rights shall only be granted to the ordering party if counterclaims are legally 

recognised, beyond dispute or recognised by Hama. 

We only accept rediscountable bills of exchange from the Bundesbank by special arrangement and 

on account of payment. Bills of exchange or cheques shall, subject to receipt, be credited with the 

value date of the day on which Hama shall finally have access to the proceeds. All costs incurred 

thereby are the responsibility of the customer. 

Should terms of payment not be met, interest will be levied at the actual bank interest rate for 

short-term loans, although never more than 5% above the base interest rate of the German Civil 

Code.

Only written terms of payment are valid for export trade. In all other circumstances, advance 

payment shall be required.

Hama itself shall retain title of delivered goods until such time as the customer has made all 

payments resulting from the transaction, including those covering interest and costs, and any  

necessary balancing of a current account and any cheques or bills given in payment have 

been fully honoured. As long as payment resulting from the transaction should be due, the 

following shall apply: 

The purchasing party is within its rights to sell, process or use goods subject to this retention of 

title within the normal course of business. Should the purchasing party be placed in default due 

to outstanding payments, all factory-condition goods in the hands of the purchasing party and/or 

goods still to be received shall be put at our disposal. 

Should any goods to which Hama retains title be sold, all claims to service in return shall be 

transferred to Hama without any particular act of transfer being required for the accrual of the 

claim. The purchasing party may collect such claims as have been ceded to Hama, but must 

immediately redirect collected funds to Hama. The same also applies to all claims arising from 

any other service provided by Hama. 

The purchasing party is not entitled to pledge goods or ceded claims or to use such goods or 

claims as securities. Hama shall receive immediate notification of seizures by third parties. 

The purchasing party is obliged to insure goods against fire damage and theft and to furnish proof 

of insurance upon request. 

The retention of title extends to cover new items produced by processing. In the case of connec-

tion to mixing with items that are not property of the purchasing party, Hama acquires partial 

ownership under articles 947/948 of the German Civil Code. 

On the request of the purchasing party, Hama shall release its securities in so far as the value of 

our securities exceeds more than 20% of the claim on a more than temporary basis. The choice of 

securities to be released lies with Hama.
8. Claims for Defects and Warranty 

Hama warrants that its goods shall be free of defects. The period of warranty commences on the 

day of delivery to the purchasing party and is valid for two years. 

Received goods shall be checked on receipt as to proper quality. The purchasing party shall notify 

Hama of any determinable faults in writing within fourteen days of receipt of goods. Hidden 

defects shall be reported in writing as soon as they are detected, at the latest within two years 

after receipt of goods. In the event of justified complaints made within the appropriate period, 

Hama will deliver missing goods as well as rectify defects, exchange or take back goods or grant 

a discount to the purchasing party at Hama’s discretion.

Hama warranties some of its products as indicated on the relevant product warranty card. Defects 

of material or fabrication shall be rectified within the warranty period by repair or replacement 

at Hama’s discretion. 

The warranty does not cover claims for damages of any kind, particularly not for replacement 

due to consequential damage. If the device in question is still under warranty, it shall be sent 

by the purchasing party, accompanied by details of the defect and the dealer’s receipt as proof 

of warranty.

c) In the case of defects caused by force or improper use, as well as in the case of intervention by 

the purchasing party or third parties without our express written consent, the right to restitution 

and the warranty become null and void. 

In the case of articles subject to wear and tear, no damage resulting from use over and above 

appropriate norms shall constitute a defect.

d) Reimbursement of expenses pursuant to article 439 II of the German Civil Code shall be agreed 

with Hama on an individual basis. This only applies to purchasing parties who themselves sold 

the goods they had received to private individuals. 

Any further liability for other reimbursement of expenses is excluded by Hama. 

The purchasing party has no other rights.

e) If goods are returned to us because of claims for defects, warranties, product liability claims 

and the like, the sender has to bear the postage and freight charges first which will be reimbursed 

by us if the asserted claim has been approved.
9. Disclaimer

Regardless of the legal basis of such claims, our liability for damages is limited to 

intentional acts and gross negligence, including intentional acts and gross negligence on the part 

of our representatives and agents. Insofar no intentional breach of duty exists, liability is limited 

to foreseeable damage that typically occurs. 

In the case of breach of an essential cardinal duty, we assume liability for any degree of fault. 

However, our liability is limited here to foreseeable damage that typically occurs. 

Liability due to non-accidental injury to life, limb or health is not affected. This also applies to 

compulsory liability according the German Product Liability Act, in the case of wilful deception or 

in the case of assumption of a warranty.
10. Clearing merchandise 

Merchandise may only be cleared after previous agreement with us or your field sales representative.  

The following products are excluded from clearance sales: all storage media, electronic devices, 

picture frames, software, promotional items, surplus items, slightly damaged display items/

minimum order items and discontinued products from our line. 

The return of goods under all circumstances shall be freight paid and in the original packaging.  

A copy of the invoice belonging to the original delivery must accompany the delivery.

Credit notes from the return of goods may only be charged against new orders of goods. Credit 

notes are subject to relevant deductions. Handling costs are set at 15% of the credited value of 

goods.
11. Applicable Law

The material law of the Federal Republic of Germany shall apply. International law on the 

purchase of moveable objects shall not apply, even if the purchasing party has headquarters 

abroad.
12. Place of Performance and Jurisdiction

The place of performance for both parts is Monheim, Bavaria, Germany. 

In the event of any disputes arising from contractual conditions, all lawsuits are to be filed at the 

court whose jurisdiction covers our headquarters if the ordering party is a trader, a legal person 

under public law or a public separate estate. We also reserve the right to file lawsuits at the 

headquarters of the purchasing party.

 

Hama GmbH & Co KG

 

Dresdner Straße 9

Monheim, October 2013 

86653 Monheim/Bayern