The general terms and conditions set out below apply to all our services, deliveries and the work carried out by entrepreneurs (Section 310 Paragraph 1 BGB).

Our deliveries and services are carried out — even in the future — exclusively on the basis of the following conditions, even if we do not specifically refer to them in individual cases. Their validity can only be excluded in whole or in part by express written agreement in the individual transaction. The customer/client's general terms and conditions do not apply to our deliveries and services, even if known, unless they are expressly accepted in individual cases. Our general terms of delivery and sale are considered accepted at the latest upon receipt of the goods or services. The contractual partners will immediately confirm oral agreements in detail in writing; they will only apply after receipt of the written confirmation.

Offers are valid 4 weeks after the offer date. Should this period have expired, the prices and delivery times listed in the offer remain valid only after consultation with H&L Industriemontage und Service GmbH. Orders are binding on us after receipt of the written order. Should orders be placed without a prior offer, the general hourly rates apply, which can be requested from H&L Industriemontage und Service GmbH. If information in a customer enquiry is unclear or is not available from us, we will offer the following version in our experience without specifically pointing out the deviation from the request. We therefore ask you to carefully check offers and order confirmations for their requirements. If work is interrupted as part of the provision of services by H&L Industriemontage und Service GmbH, the order will remain valid until revoked in writing by the client. If the work is no longer continued, the costs incurred must be charged to the client under the specified order up to the time of interruption. We reserve the right of ownership and copyright to illustrations, drawings, calculations and other documents. This also applies to written documents that are described as “confidential.” Before passing them on to third parties, the customer requires our express written consent. Payments are to be paid as follows: 5 days with 2% discount after the invoice date 14 days net, after the invoice date These payment terms do not apply to: - Down payment invoices - Partial payments
- Prepayments
- Final paymentsIf other payment terms are listed in the offer, these take precedence. If the client's payment terms differ, these will only be accepted after written confirmation by H&L Industriemontage und Service GmbH. Upon payment, interest on arrears of 8% above the applicable base interest rate becomes due. A processing fee of 12.50 euros is charged for each reminder. In the event of a court order, the admonished person bears the costs incurred in full.

The transport risks associated with self-orders are borne by the customer (recipient). This also applies in the event of a partial delivery. In the case of deliveries by the service personnel of H&L Industriemontage und Service GmbH, the risks are borne by H&L Industriemontage und Service GmbH. Unloading and professional storage is in any case the responsibility of the customer/customer. In the case of self-collection from the point of delivery or warehouse, the transfer of risk is the responsibility of the customer/collector or the contracted shipping company. In any case, the dangerous goods regulations must be complied with. All shipments will only be insured at the expense of the customer upon written request.

We reserve title to the order until receipt of all payments from the existing current account relationship (business relationship) with the customer/client; the reservation relates to the recognized balance. If the customer/client acts contrary to the contract, in particular in the event of late payment, we are entitled to take back the purchased item. The withdrawal of the purchased item by us does not constitute a withdrawal from the contract, unless we have expressly stated this in writing. The seizure of the purchased item by us always constitutes a withdrawal from the contract. After taking back the purchased item, we are authorized to sell it; the sale proceeds are to be offset against the customer's liabilities — minus reasonable disposal costs.

The customer/client is obliged to treat the purchased item with care; in particular, he is obliged to insure it at his own expense against fire, water and theft damage at the original value. If maintenance and inspection work is required, the customer must carry it out in good time at his own expense. In the event of seizures or other interventions by third parties, the customer must immediately notify us in writing so that we can file a lawsuit in accordance with Section 71 of the Code of Civil Procedure. Insofar as the third party is unable to reimburse us for the judicial and extrajudicial costs of an action in accordance with Section 771 Code of Civil Procedure, the customer is liable for the loss we have suffered.

The processing or transformation of the purchased item by the customer is always carried out for us. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other processed items at the time of processing. The same applies to the item resulting from processing as to the purchased item delivered subject to reservation.

If the purchased item is inseparably mixed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the value of the purchased item (final invoice amount, including VAT) to the other mixed items at the time of mixing. If the mixing takes place in such a way that the buyer's item is regarded as the main thing, it is considered agreed that the customer transfers joint ownership to us on a pro rata basis. The customer stores the resulting sole or joint ownership for us.

The customer/client also assigns to us the claims to secure our claims against him arising from the combination of the purchased item with land against a third party. We commit ourselves to release the securities to which we are entitled at the request of the customer insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%; it is up to us to select the securities to be released.

We guarantee, on the work carried out by us, a warranty covering execution errors. Unless contractually agreed or confirmed in writing by H&L Industriemontage und Service GmbH, the warranty is as follows from the transfer of risk:

- When overhauling drives (mechanical seals), we provide a warranty of 12 months after completion of the work.
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- In the case of enamel repairs, the warranty relates exclusively to the professional execution of the work. No warranty can be assumed for this function.

- When enamel testing enamelled components, stirring containers, attachments and installations, we guarantee that the work performed has been carried out correctly, but not that the tested component or container will function without defects.
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- If parts are identified by us as defective/faulty during the inspection and the customer/orderer refuses to replace them, we do not guarantee either the component (s) or the execution of the work performed.

This is recorded in writing in the service report and confirmed by the customer's signature on the service report.

The customer must immediately (without culpable delay) check the delivered goods for completeness and integrity. In the case of self-collection, the goods must be checked for completeness and integrity before loading. Complaints that are reported to self-collectors after loading or after signing the delivery note will not be accepted as a claim for defects. Otherwise, the provisions of §377HGB apply.

Liability for damage is limited only to damage that the customer has demonstrably suffered as a result of the fault of H&L Industriemontage und Service GmbH. However, the guilt must be fully proven. In principle, we are only liable for 10% of the order value. We are not liable for damage, intangible (sequential damage) or indirect damage, e.g. loss of production, defective batches, additional production costs or the like. The exceptions include personal injury and damage caused by malice, gross negligence by employees of H&L Industriemontage und Service GmbH.

The quality of the delivered goods is based exclusively on the agreed technical delivery instructions. Should we deliver in accordance with our customer's specifications, the customer assumes the risk. Defects caused by unsuitable or improper use or incorrect operation, application or faulty assembly or start-up by the customer or third parties are not recognized. Complaints or complaints that are reported as a result of normal wear and tear, faulty or neglected treatment by maintenance personnel who do not act on behalf of H&L Industriemontage und Service GmbH, or as for the consequences of improper changes or repair work carried out by the customer or third parties without our consent, will not be accepted. The limitation of claims for material defects is otherwise governed by the statutory provisions. If an acceptance of the work on site has been agreed with the customer and this has been completed without defect by the customer, further claims are excluded.

In the event of a justified, timely complaint, we will, at our option and in consultation with the customer, repair the complained goods or deliver a replacement. If we do not meet these obligations or do not comply with the contract within a reasonable period of time, the customer of H&L Industriemontage und Service GmbH may set a final deadline in writing, within which period we must meet our obligations. After this period has expired without success, the customer can demand a reduction in the price from H&L Industriemontage und Service GmbH or completely withdraw from the existing contract. Reimbursement of costs is excluded insofar as expenses increase because the goods were brought to another location after our delivery. The exception is if this corresponds to the intended use of the goods.

In the event of force majeure, labor, unrest, official measures, absence of deliveries from suppliers or third parties or other unforeseeable, unavoidable and serious events, the contractual partners release themselves from performance obligations for the duration of the disruption and to the extent of their effect. This also applies if these events occur at a time when the affected contractual partner is in default, unless he is responsible for the delay intentionally or grossly negligently. The contracting parties are obliged to provide the necessary information as far as is reasonable and without delay and to fulfill their obligations in good faith in the changed circumstances.

The customer is obliged, at his own expense, to assist H&L Industriemontage und Service GmbH in carrying out service work. In particular, he must provide the appropriate assistants (specialists or assistants), in the number required for the service work and for the time required for the service work. If this is not the case, H&L Industriemontage und Service GmbH can request the necessary forces on the account of the customer or provide them itself. The general hourly rates of H&L Industriemontage und Service GmbH apply.

Necessary earthwork, construction, bedding and scaffolding work, including the procurement of the necessary building materials, installation of electricity and cooling water connections and pressure-free drains, as well as electrical, installation and masonry work, must be carried out by the customer in good time so that the planned services can be carried out. If H&L Industriemontage und Service GmbH has not been informed in due time of a delay in service work, H&L Industriemontage und Service GmbH is entitled to charge a lump sum for expenses. The customer must provide suitable routes for the delivery of the assembly parts and the crane truck. Before starting installation work, the customer must provide the necessary information about the location of concealed electricity, gas and water pipes or similar systems, as well as the required static information, without being asked. It must be provided by the local customer through lighting, energy and water, including the necessary connections. The necessary dry, lockable, thieve-proof social rooms must also be provided by the customer to store the tools and clothing. The customer must inform the service personnel of H&L Industriemontage und Service GmbH of any risks, such as the risk of fire in rooms or materials, without being asked.

The customer must ensure appropriate safety measures (for example, the provision of fire guards, fire extinguishing equipment, etc.). If there are difficult working conditions such as harmful vapors, gases, acids, dust air, etc. on site, the customer/customer must provide special clothing free of charge. The same applies to protective clothing or protective devices that are required as a result of special circumstances at the assembly site and are not standard for us in the industry. In addition, assembly personnel must be sufficiently aware of the safety regulations that are important for installation on site. Should the service personnel of H&L Industriemontage und Service GmbH fall ill or suffer an accident during installation, the customer/customer must ensure immediate medical care and inform us immediately. If the place of work is outside the Federal Republic of Germany, but the customer is based in Germany, the customer/customer must obtain the necessary permit for the entry of H&L Industriemontage und Service GmbH assembly personnel and any necessary work permits, obtain official and other permits required for the execution and installation of equipment and systems in good time at their own expense, our assembly personnel about all obligations (reports) etc.) compared to the local to inform authorities and the existing safety regulations, to support him in dealing with the authorities and to help him obtain all certificates that guarantee him freedom of movement in the country and return home at any time taking his property with him.

All documents, with the exception of advertising brochures, which are made available to the customer, are subject to confidentiality. These documents may only be passed on or multiplied with written permission from the management of H&L Industriemontage und Service GmbH. If an infringement is proven, this will be reported in accordance with legal guidelines.

In the event of a dispute arising from the contractual relationship, the lawsuit must be filed in Ludwigshafen am Rhein. This also applies to the bill of exchange and check process. However, we reserve the right to sue at the customer's place of business. All legal relationships between H&L Industriemontage und Service GmbH and the customer are governed exclusively by the laws of the Federal Republic of Germany. However, the application of the uniform UN sales law or other international conventions on the right to purchase goods are excluded.

The customer's data is stored by us as part of the purpose of the contract relationship.

Should any of these conditions and the contractual provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions should be reinterpreted in such a way that the intended legal and economic purpose is achieved. The same applies if, upon execution of the contract, a contractual loophole in need of an additional contract becomes apparent. The contracting parties commit themselves to immediately replace the ineffective provisions with legally effective agreements or to close the contract gap.