General Terms and Conditions of Delivery and Payment of Hessler Kalkwerke GmbH, Wiesloch

As of 01.01.2021

  1. Offer and Conclusion of Contract
    Our offers are subject to change and non-binding. A contract becomes binding only through the order and order confirmation or delivery.

  2. Contract Content
    In the sale of dry construction materials and accessories, Hessler Kalkwerke commits to delivering the goods and transferring ownership to the buyer free from material and legal defects, subject to Section 5. Any advice regarding the products is only binding if given in writing. The current price lists become part of the contract unless otherwise agreed in writing. The prices are in euros, plus statutory VAT, and are subject to change.

  3. Delivery / Transfer of Risk
    Upon delivery of the goods, the risk of damage and loss (e.g. theft) passes to the customer. If a delivery time is agreed, it begins on the date of order confirmation, but not before all ancillary matters have been finally agreed upon. The delivery deadline is met if the goods leave the factory by the deadline or, in case of unavoidable shipping delays, are ready for shipment at the factory. Costs for non-timely delivery will not be reimbursed. All deliveries are subject to suitable, unobstructed access (load capacity of 40 t gross vehicle weight for silo trucks and bagged goods delivery). The customer is liable for damages to public roadways and private properties that cannot withstand the load capacity. If the bagged goods are to be placed on public roads, squares, or sidewalks, the customer must obtain permission from the local authority. The customer assumes the responsibility for traffic safety (lighting, etc.) from the time of delivery. Delivery is made to the curbside. If the delivery of goods cannot be proven by signed delivery notes from the customer, proof of delivery can be provided by confirmation from the delivery employee of Hessler Kalkwerke or the contracted forwarder.

  4. Payment
    Unless otherwise agreed, all invoices are payable within 14 days with a 2% discount or within 30 days net. Freight charges, pallets, and other services are not eligible for discount. The customer is only entitled to offset or withhold payments if the counterclaims have been legally established or are acknowledged in writing by Hessler Kalkwerke.

  5. Retention of Title
    The delivered goods remain our property until the full payment of the purchase price and all ancillary claims. If the buyer is a business, this applies until all claims against the buyer have been fully settled. The buyer may not pledge or transfer the goods as security. In the event of a third-party seizure, Hessler Kalkwerke must be immediately notified. The retention of title also applies in the case of resale and further processing (combination, mixing, or blending with other property); the claim against the third-party debtor is considered transferred to us up to the amount of our claim.

  6. Return of Goods
    The return of bagged goods is possible with a 15% deduction from the original value, provided the goods are undamaged and reusable. The costs of return shipping are to be borne by the customer.

  7. Information on Yields and Consumption
    Information on yield and consumption are average values. No binding commitment can be derived from them, as the consumption depends on the condition of the substrate and the processing. Therefore, the material quantity, not the application area, must be specified when ordering.

  8. Warranty and Liability
    The buyer must immediately, but no later than one week after receipt of the goods, notify us in writing of any defects. Defects that could not be detected even with careful inspection within this period must be reported immediately upon discovery. In case of defect and timely notification, we will provide a replacement for the delivered goods free of charge. If a replacement delivery is not possible, the buyer has the legal rights to reduce the purchase price or withdraw from the contract. A warranty is excluded:

  • if Hessler Kalkwerke is not allowed to conduct the required inspections
  • if the customer does not immediately fulfill their obligation to notify us of defects
  • for damages caused by poor processing
  • if the delivered goods are mixed or processed with goods from other sources
    Due to breach of contractual and non-contractual obligations, particularly due to impossibility, delay, fault in contract negotiation, and unlawful action, we are only liable in cases of intent and gross negligence, limited to the foreseeable, contract-typical damage at the time of the contract conclusion. These limitations do not apply in cases of willful violations of essential contractual obligations, where the achievement of the contract's purpose is at risk, in cases of mandatory liability under the Product Liability Act, in cases of injury to life, body, and health, or if we have fraudulently concealed defects or guaranteed the absence of defects. The rules on the burden of proof remain unaffected. We are not liable for damages that do not occur to the delivered goods themselves. The existence of assured characteristics requires an express, written declaration from us.

  1. Exclusivity of the GTC
    Only the GTC of Hessler Kalkwerke and the current price list, if referenced, apply. The GTC of the customer are expressly excluded unless we have agreed to their application in writing. Our GTC also apply if we perform the delivery despite being aware of conflicting conditions of the buyer without reservation. No oral side agreements or assurances have been made. Changes to our GTC require written form. This also applies to the cancellation of the written form clause.

  2. Place of Performance, Applicable Law, and Jurisdiction
    The place of performance for all deliveries and services is our place of business. The contractual relationship is governed exclusively by German law.

  3. Severability Clause
    If individual provisions of these terms and conditions are invalid, the applicable statutory regulations shall apply in place of the invalid provisions. The validity of the remaining terms and conditions remains unaffected.