Terms of Service

These General Terms and Conditions apply to all offers, orders, and contracts between Häuser + Renner (hereinafter referred to as "Seller") and customers (hereinafter referred to as "Buyer") for the delivery of goods and services.

These terms apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the Buyer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

These General Terms and Conditions also apply to all future business relationships, even if they are not expressly agreed upon again.

Our offers are subject to change and non-binding unless expressly designated as binding. We reserve the right to make technical changes and changes in form, color, and/or weight within reasonable limits.

Orders from the Buyer are considered binding offers. We are entitled to accept this contractual offer within 14 days of receipt.

The contract is concluded when we confirm the order in writing (order confirmation) or when we deliver the goods to the Buyer.

Product descriptions in catalogs, brochures, and on our website are approximate descriptions and do not constitute guaranteed characteristics unless expressly designated as such.

Unless otherwise agreed, our prices are ex works (EXW Ichenhausen) in accordance with Incoterms 2020, plus statutory value-added tax.

Packaging, freight, customs duties, and insurance are charged separately unless otherwise agreed.

Payment terms are specified in the order confirmation. Unless otherwise agreed, invoices are payable within 30 days of the invoice date without deduction.

In the event of default in payment, we are entitled to charge default interest at the statutory rate. The assertion of further damages caused by default remains reserved.

The Buyer may only offset counterclaims that are undisputed or have been legally established. The Buyer is only entitled to exercise a right of retention if the counterclaim is based on the same contractual relationship.

Delivery dates and deadlines are only binding if they have been expressly confirmed by us in writing as binding.

The delivery period begins with the dispatch of the order confirmation, but not before all details of the order have been clarified and all obligations of the Buyer to cooperate have been fulfilled.

We are entitled to make partial deliveries to a reasonable extent.

If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we will inform the Buyer immediately and at the same time notify them of the expected new delivery deadline.

In the event of force majeure, labor disputes, or other events beyond our control, delivery deadlines shall be extended by the duration of the hindrance. We will inform the Buyer of the beginning and end of such circumstances as soon as possible.

Unless otherwise agreed, delivery is ex works (EXW Ichenhausen) in accordance with Incoterms 2020.

The risk passes to the Buyer when the goods are handed over to the carrier or freight forwarder, but at the latest when they leave our warehouse.

If dispatch is delayed at the request of the Buyer, the risk passes to the Buyer from the day of readiness for dispatch. We are obliged to take out insurance requested by the Buyer at the Buyer's expense.

Partial deliveries are permissible to a reasonable extent and can be invoiced separately.

We retain title to the delivered goods until full payment of all claims arising from the business relationship with the Buyer.

The Buyer is obliged to treat the goods subject to retention of title with care. The Buyer is obliged to insure the goods adequately against fire, water, and theft damage at their own expense at replacement value.

In the event of seizure or other interventions by third parties, the Buyer must inform us immediately in writing so that we can file a lawsuit. If the third party is not able to reimburse us for the judicial and extrajudicial costs of such a lawsuit, the Buyer is liable for the loss incurred by us.

The Buyer is entitled to resell the goods subject to retention of title in the ordinary course of business. The Buyer hereby assigns to us all claims in the amount of the invoice value that arise from the resale against their customers. We accept this assignment.

The statutory provisions apply to the Buyer's rights in the event of material defects and defects of title, unless otherwise stipulated below.

The Buyer must inspect the goods immediately upon receipt and notify us in writing of any defects without delay, but at the latest within 7 days of receipt of the goods. Hidden defects must be reported immediately after discovery.

In the event of justified notice of defects, we are entitled, at our discretion, to subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery).

If subsequent performance fails, the Buyer may, at their discretion, demand a reduction in price (reduction) or withdraw from the contract (withdrawal).

Claims for damages by the Buyer are excluded, except in cases of intent, gross negligence, injury to life, body, or health, or violation of essential contractual obligations.

The warranty period is 12 months from delivery of the goods. This does not apply to claims for damages based on intent or gross negligence or injury to life, body, or health.

Our liability for damages, regardless of the legal grounds, particularly for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations during contract negotiations, and tort, is limited in accordance with this Section 8 insofar as fault is involved in each case.

We are not liable in the case of simple negligence by our executive bodies, legal representatives, employees, or other vicarious agents, unless there is a breach of essential contractual obligations. Essential contractual obligations are the obligation to deliver and install the delivery item in due time, its freedom from defects of title and material defects that more than insignificantly impair its functionality or usability, as well as advisory, protective, and custodial obligations that are intended to enable the Buyer to use the delivery item in accordance with the contract or are intended to protect the life and limb of the Buyer's personnel or to protect their property from significant damage.

Insofar as we are liable for damages on the merits, this liability is limited to damages that we foresaw as a possible consequence of a breach of contract when the contract was concluded or that we should have foreseen if we had exercised due care. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation insofar as such damage is typically to be expected when the delivery item is used as intended.

In the event of liability for simple negligence, our obligation to pay compensation for property damage and resulting further financial losses is limited to an amount of EUR 100,000 per claim, even if it is a breach of essential contractual obligations.

The above exclusions and limitations of liability apply to the same extent in favor of our executive bodies, legal representatives, employees, and other vicarious agents.

The limitations of this Section 8 do not apply to our liability for intentional conduct, for guaranteed characteristics, for injury to life, body, or health, or under the Product Liability Act.

All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in our products, documentation, and materials remain our exclusive property.

The Buyer may not reproduce, modify, distribute, or make available to third parties any documentation, drawings, or other materials provided by us without our prior written consent.

If products are manufactured according to drawings, models, or other specifications provided by the Buyer, the Buyer warrants that the intellectual property rights of third parties are not infringed. The Buyer shall indemnify us against all claims by third parties arising from the infringement of their intellectual property rights.

The contracting parties undertake to treat all non-publicly known business and trade secrets that become known to them in the course of the business relationship as confidential, even beyond the end of the contract.

This obligation does not apply to information that was demonstrably already known to the receiving party at the time of disclosure, was already publicly known at the time of disclosure or subsequently became publicly known without breach of this confidentiality obligation, or was lawfully obtained from a third party without a confidentiality obligation.

The Buyer acknowledges that the products may be subject to export control regulations of Germany, the European Union, and other countries. The Buyer undertakes to comply with all applicable export control regulations.

The Buyer shall not export, re-export, or transfer the products to countries, persons, or entities subject to trade restrictions or sanctions without obtaining the necessary permits.

The Buyer shall indemnify us against all claims, damages, and costs arising from violations of export control regulations or sanctions by the Buyer.

We process personal data of the Buyer in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).

Details on data processing can be found in our Privacy Policy, which is available on our website.

The Buyer consents to the processing of their personal data for the purpose of contract execution and customer relationship management.

The law of the Federal Republic of Germany applies exclusively to these General Terms and Conditions and the entire legal relationship between us and the Buyer, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the Buyer is a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Ichenhausen, Germany. However, we are also entitled to sue the Buyer at their general place of jurisdiction.

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision.