Terms and conditions
of the C. Hüttner Ltd.inc.

1. General

The following terms and conditions are valid for all present and future transactions, guidance services, inquiries and the like, as so there are no other conditions made in black and white accepted by us. The customer is accepting the terms and conditions by order of products from this internet catalogue. Divergent conditions remain without obligation to us, even in case we did not contraditct to you strictly. Secondary arrangements, reservations or additions to this contract need our written confirmation for legal force.

2. Supplies and acknowledgement of orders

Our supplies as well as arrangements and statements become legally binding only by our written confirmation. Same is worth for all declarations in our sales documents. The customer has to review the acknowledgements and/or blueprints straight after receiving. The customer is accepting the correctness of the acknowledgements and/or blueprints by sending them back signed.

3. Price policy and payment

Our prices get along ex work in Euro, including the actual valid value added tax, except other extras like packaging, freight, insurance and export duty as far as nothing else declared. The qouted prices are always, as far as nothing else declared, exclusive from all additional work of installation. Considering orders of goods worth more than 1000,- EUR, no matter which kind, to persons or companies we are not already known to, we have to receive a suitable downpayment before treatment, at least 50% of the ordered value. Only by incoming deposit we can start working on your account, so the date of delivery is kept to it. If productional or material costs should increase more than 10% inbetween the time of acknowledgement and delivery, our prices might increase in an equivalent way. By exceeding the date of payment we have to take 8% interest on arrears over the valid discount rate. In case of an economic change for the worse by the customer or not being punctual in terms of payment, we are able to hand in outstanding accounts and deliveries only on cash before delivery or other precautions. Cheques are valid to us only by cashing. Upcoming extra costs in this way of payment remain to the debit of the customer.

4. Ways and terms of delivery

Depending on immediate availability of goods we deliver as soon as possible with our own truck, by shipping agency, by mail or by package service. We are not liable for terms of delivery, as long as they were not guaranteed in written confirmation. Within the acceptance of the acknowledgement and clarification of possible details the term of delviery starts. Taking additional modifictations into the account, the customer has to accept that there will be additional costs and an extension of the deliverance term. Impedet delivery, caused by unpredictable circumstances or exceptional occurance like strike, etc, may authorise us to withdraw the contract. If the customer has to suffer a loss due to our fault, the compensation will be pared down to the effectively, demonstrable damage, up to max. 5% of the value of goods from the outstanding delivery. Articels are,as far as nothing else declared, generally not insured. We are not liable for damage during shipment caused by external companies. The articles have to be checked immediately in the carrier's presence for transport damage, shortage or wrong delivery. If any complaints should appear, it has to be signed by the carrier to the delivery note and indicated to us immediately. Rejected goods may only be installed, manufactured or sold on upon former consultation.

5. Shipping cost/packaging cost

All supplies will be send as cash on delivery (C.O.D.)parcel, as far as no other arrangements are made. C.O.D. costs remain to the debit of the customer. In case of orders worth less than 1000,- EUR we allow us to calculate a lump sum on the amount of 6,00 EUR for postage and packaging. In case of orders worth more than 1000,- EUR the packaging and shippnig costs depend on the kind of the ordered goods (weight, size, a.s.o.). Deliveries to foreign countries, to islands and special deliveries will be calculated seperately. Deliveries to foreign countries might cause export duty or respectively treatment cost for customs formalities which will be calculated seperately.

6. Returns

We accept return for items within the first 14 days of receiving your merchandise. Put the returning item and a copy of the original Packing Slip (with the Reason for Return) in the original shipment packaging. Please include all product-packing materials. It goes without saying that we let a shipping agency instructed by us pick up the goods. Punctual sending off the merchandise or telling the demand of returning to us is sufficient to keep the deadline. Custom made special goods are excluded from returning.

7. Warranty

Complaints have to be indicated in written form within 5 days after receiving the goods. Concealed damage has to be notified immediately when assessed and a time of 6 weeks is allowed to us by the customer to correct the defects. In case of external manufactured goods the customer has to accept the terms of delivery by the manufacturer for procuring material and spar parts. As long as we or our representatvies did not cause the defect on purpose or careless, the customer has no derivated rights refering to consequential loss or claim for compensation due to deficient shipping, replacement or amendment. Defective products will be handled under the terms of warranty by the manufacturer as assured to us, at least 24 months after receiving the merchandise. We subject to technical alterations.

8. Retention of title

The ordered merchandise remains our property until payment of any debt due on legal basis, until cashing of cheques or bills of exchange, even if the purchase price resp. the extra-payment for especially declared accounts has been paid. The retetion of title is a financial security to us in periods of open/running accounts. Working on purchase on provision takes place in our order, complimentary and without any commitment on us and in any time and grade of working process or attachment we as manufacturer remain owner according to § 950 Civil code. Processing with other, external goods by the customer we establish coproperty in the amount of the open account. Same as to purchase on provision is valid to the new thing develloped in the process. It has the same status as the provised purchase in these terms and conditions. The orderers active debts from reselling purchase on provision will now be assigned to us to financially secure any debt due from the deal, indifferent to whether purchase on provision has been worked on or not, resold to one or more consumers. The merchandise is only allowed to be resold by the customer by contract, as long as the active debt from reselling proceeds to the seller. The purchase on provision is not put at any other disposal of the buyer. The customer is commited on the seller's demand to assign receivables to the third customer for paying the debt due to the seller. If the particular value exceeds the sellers financial securities on the debt due more than 20 % in total, the seller is signed to release security in the seller's choice on demand of the orderer or an affected third party. The customer is obligating himself, to inform us in case of access of third parties on our properties. As far as assignments were conceeded to us, we have to be informed immediately about the existance of it by handing in the bill and/or acknowledgement. If the customer is a juristic person, his legal representative is commiting himself also.

9. Place of execution and of jurisdiction

Place of execution and jurisdiction for all controversies between contracting parties the seller's registered office. This applies as well, if the customer has offshore place of jurisdiction in his habitual residence, is abashed outside the ambit of the federal republic of Germany or fixed abode or habitual residence are unknown by the institution of legal proceedings. Related to cheque debts, the seller's place of execution and jurisdiction is valid as well.

10. Privacy policy

We may receive personal information from you in a number of ways, depending on the service you are using and your choices while using our services. We assure you that any personal information that we collect is strictly provided especially from third parties. In case of a delay in payment by the customer we are authorized to convey the information to a debt collecting agency or similar institution (even in the www), so we can not eliminate the possibility of public handling of information in this case.

11. Final provisions and partial nullity

Alterations of contract and other special arrangements achieve validity only by written agreement. If any provision in these terms and conditions or a provision in the framework of further arrangements become ineffective, the effect of any further assignments or agreements is not affected.

12. Exclusion of liability

We attempt to ensure that information on this Web site is complete, accurate and current, to the best of our knowledge. Despite our efforts we are not liable if the information on this Web site may occasionally be out of date, goods not available or similar constructed by the manufacturer.

13. Other

We explicitly point out that all text, graphics, information, content, and other material displayed may not be copied, or published (even in teh www) without written permission. Detecting data from this programm being copied and/or published, we reserve to initialise criminal proceedings and damages action.

C. Hüttner Ltd.Inc.