General terms of delivery and payment
General conditions of sale of Heuer Hebetechnik GmbH
Article 1 Definitions
In these general conditions of sale, the meaning of the following terms are outlined below:
- Heuer Hebetechnik Heuer Hebetechnik GmbH, Osemundstraße 13, 58636 Iserlohn, Germany
- Customer Business operation within the meaning of § 14 of the German Civil Code, holding the
contact with Heuer Hebetechnik about a (possible) agreement with Heuer Hebetechnik;
- Order Any order for the supply of products, which the customer has placed with Heuer
Hebetechnik;
- Agreement The agreement between Heuer Hebetechnik and the customer with respect to the delivery
of products;
- Product(s) Product(s) which Heuer Hebetechnik has sold and delivered to the customer or which
has/have been negotiated between Heuer Hebetechnik and the customer regarding their
sale/delivery.
- Parties Heuer Hebetechnik and the customer;
- Terms and conditions The present general terms of delivery.
Article 2 General
2.1 These terms and conditions apply to all legal relationships with Heuer Hebetechnik as the (potential) seller or supplier of the products, including all offers by Heuer Hebetechnik relating to products, orders and the acceptance of orders, as well as to all deliveries and services by Heuer Hebetechnik.
2.2 The applicability of the general terms and conditions of the customer is hereby expressly excluded and rejected by Heuer Hebetechnik. The customer's general terms and conditions shall not apply, even if Heuer Hebetechnik does not contradict their validity in an individual case. Even if referring to a letter that contains or refers to the terms and conditions of the customer or a third party, Heuer Hebetechnik shall not consent to the validity of those terms and conditions.
2.3 If the content of the agreement contradicts the terms and conditions, the provisions of the agreement shall prevail.
2.4 The customer is not entitled to assign the agreement or the resulting rights or obligations to any third party without the express, prior and written consent of Heuer Hebetechnik. Heuer Hebetechnik is entitled to transfer its own rights and obligations under the agreement to a third party. In this respect, the customer hereby grants consent with effect for the present and the future.
2.5 As far as the written form is provided in these general terms and conditions for the submission of declarations, the telecommunication transmission, in particular by fax or e-mail, shall suffice, provided that the copy of the signed declaration is delivered.
Article 3 Offers and conclusion of the agreement
3.1 All offers of any form, provided by or on behalf of Heuer Hebetechnik, are without engagement, unless they are expressly marked as binding or contain a specific acceptance period. By accepting a non-binding offer made by Heuer Hebetechnik, the contract shall be concluded if the contract is not immediately rejected by Heuer Hebetechnik.
3.2 If the offer stipulates an acceptance period, the offer can be accepted only within this period.
3.3 An agreement comes into force only after the customer has accepted the offer in writing and Heuer Hebetechnik has confirmed the acceptance of the customer in writing or has begun the execution of the agreement.
3.4 All drawings, calculations, plans, systems, templates and forms, methods and other data shall remain the property of Heuer Hebetechnik, and may not be passed on to third parties without the prior written consent of Heuer Hebetechnik.
3.5 The prices quoted by Heuer Hebetechnik based on the fixed price criteria that apply at the time of the offer, including the public charges and wages, which are calculated according to the usual working hours at Heuer Hebetechnik. If one or more of these cost price factors will change - including changes that are due to exchange rate fluctuations of foreign currencies - even if these are due to foreseeable circumstances - Heuer Hebetechnik shall be entitled to adjust the price accordingly. In this case, Heuer Hebetechnik shall inform the customer accordingly.
3.6 Heuer Hebetechnik is entitled to reject the order(s) or to attach certain conditions to the delivery of the products. The fact that Heuer Hebetechnik has regularly delivered products to the customer in the past does not constitute a timely agreement of any kind between the parties or does not imply that Heuer Hebetechnik is obliged to accept any new orders.
3.7 Additional agreements or arrangements made at a later date, as well as any (verbal) agreements and/or commitments made by Heuer Hebetechnik 's employees or on behalf of Heuer Hebetechnik by distributors, intermediaries, agents or other middlemen, shall be binding for Heuer Hebetechnik only if and insofar as these have been confirmed in writing by a manager or authorised officer of Heuer Hebetechnik in writing.
3.8 Details given by Heuer Hebetechnik about the goods for delivery or service (such as weights, dimensions, performance values, load-bearing capacity, tolerances and technical data) as well as the representations of the same (e.g. drawings and illustrations) are only approximate if the applicability for the purpose of the contract is not exactly agreed upon. These are not guaranteed characteristics, but rather descriptions or markings of the delivery or service. Commercially customary deviations and variations, which are made according to legal regulations or constitute technical improvements, as well as the replacement of components by equivalent parts, are admissible insofar as they do not affect the usability for the contractually intended use.
Article 4 Prices and payment
4.1 Unless otherwise expressly agreed in writing, all prices by Heuer Hebetechnik or agreed with Heuer Hebetechnik are stated in euro plus the statutory VAT, transport costs, packaging, customs duties in the event of export deliveries, as well as fees and other public charges.
4.2 The prices quoted by Heuer Hebetechnik in catalogues, price lists etc. are indicative only and therefore without obligation and subject to change without notice.
4.3 Prices of products are the prices stated in the offer or the order, unless extraordinary circumstances arise after entering into the agreement, which may lead to a price change. Price increases, which are caused by a delayed production through no fault of Heuer Hebetechnik, or an increase in one or more cost price factors, shall be borne by the customer, even if such increases arise due to foreseeable circumstances or the introduction of government regulations.
4.4 In no case is a price change a reason for the termination of an agreement.
4.5 All amounts due must be paid within 30 days of the invoice date, unless agreed otherwise. The customer must make payment pay only in the manner specified by Heuer Hebetechnik and into a bank account designated by Heuer Hebetechnik. Payments are to be made in euro, unless expressly agreed otherwise in writing. All costs relating to bank transfers, currency conversion, credit costs, etc. shall always be borne by the customer.
4.6 In the event that the customer fails to pay in time, the outstanding amounts shall be subject to 5% interest p.a. The right to claim higher interest rates and further damages in the event of default shall remain unaffected.
4.7 After exceeding the payment period, the customer shall owe Heuer Hebetechnik all additional legal costs, including those incurred in the preparation and sending of reminders, in negotiations about a possible settlement and through measures in preparation of possible legal proceedings, as well as all other reasonable legal expenses incurred by Heuer Hebetechnik.
4.8 The claim of Heuer Hebetechnik on payment is immediately due if
- a payment period is exceeded,
- insolvency proceedings on the customer's assets have been initiated or if the customer has made an application for insolvency,
- the customer's assets or claims have been seized,
- the company of the customer will be dissolved or liquidated.
4.9 All payments made by the customer shall first be used to pay the legal and extrajudicial costs incurred by Heuer Hebetechnik and thereafter any interest or damages incurred by Heuer Hebetechnik arising therefrom, and shall subsequently be credited against the oldest outstanding invoice that was sent to the customer, regardless of whether this invoice is based on any other agreement between the parties.
4.10 The customer is not entitled to postpone his payment obligations. The set-off with counterclaims of the customer or the retention of payments because of such claims is only permissible insofar as the counterclaims are undisputed or legally established.
4.11 Heuer Hebetechnik shall be entitled to carry out or perform any outstanding deliveries or services only against prepayment or security if Heuer Hebetechnik, after the conclusion of the agreement, becomes aware of any circumstances which may substantially reduce the creditworthiness of the customer and by which the payment of the outstanding claims of Heuer Hebetechnik is jeopardised by the customer from the respective agreement or from other individual orders for which the same framework agreement applies.
Article 5 Delivery and delivery time
5.1 Deliveries of products shall take place ex works (EXW, Incoterms at the time of the offer).
5.2 The agreed delivery time starts from the latest of the following dates:
a. the day on which Heuer Hebetechnik has given the customer the written confirmation of order,
b. the date of receipt of the required deposit, if a deposit has been agreed on,
c. the date of receipt of the technical data, documents and/or collaterals to be provided by the customer to Heuer Hebetechnik by virtue of an agreement or for any other legal reason.
5.3 Heuer Hebetechnik may, without prejudice to its rights arising from default of the customer, demand an extension of the delivery and performance periods by the period in which the customer does not comply with his contractual obligations toward Heuer Hebetechnik.
5.4 If Heuer Hebetechnik is unable to meet the agreement in whole or in part within the agreed period, Heuer Hebetechnik shall undertake to notify the customer in writing as soon as possible.
5.5 Heuer Hebetechnik shall not be liable for the impossibility of delivery or for delays in delivery, as far as these are caused by force majeure or other events that were unforeseeable at the time of entering into the contract (e.g. operational disturbances of all kinds, problems in material or energy procurement, transport delays, strikes, lawful lockouts, shortage of labourers, energy or raw materials, difficulties in procuring necessary governmental approvals, governmental measures, or suppliers failing to supply, to supply correctly or in a timely manner), for which Heuer Hebetechnik is not responsible. If such events make the delivery or performance considerably more difficult or impossible for Heuer Hebetechnik and the hindrance is not only temporarily by nature, Heuer Hebetechnik shall be entitled to withdraw from the contract. In the case of temporary barriers, the delivery or performance periods are extended or the delivery or performance dates are postponed by the period of the drawback plus an appropriate start-up period. If, as a result of the delay, the customer cannot be expected to accept the delivery or service, he may pull out of the contract by means of an immediate written notification to Heuer Hebetechnik.
5.6 Heuer Hebetechnik shall be entitled to make partial deliveries as well as to settle partial deliveries separately, under the condition that
– the customer can use the partial delivery within the scope of the contractual purpose,
- the delivery of the remainder of the ordered goods is ensured and
- the customer shall not incur any substantial extra or additional costs (unless Heuer Hebetechnik is prepared to cover such costs)
5.7 The customer guarantees that the agreed delivery address is correct and complete, and that the products can actually be delivered at this address. If it is impossible to deliver (unload) the products, Heuer Hebetechnik can take the products back, store them at a different location and/or deliver them at a later date at the customer's expense and risk. The customer shall be responsible for any additional costs incurred. When stored by Heuer Hebetechnik, the storage costs are 0.25% of the invoice amount of the items to be stored for each week that has expired. Heuer Hebetechnik reserves the right to assert and prove any higher or lower costs of storage.
5.8 In the event that Heuer Hebetechnik is in default with a delivery or service, or is unable to make a delivery or service, their liability shall be limited in accordance with Article 9 of these General Terms of Delivery.
Article 6 Place of performance, risk and retention of title
6.1 The place of performance for all obligations arising from the contractual relationship is the seat of Heuer Hebetechnik, referred to in Article 1, unless agreed otherwise. If Heuer Hebetechnik is also to undertake the installation/assembly, the place of performance shall be the place where the installation/assembly is to be carried out.
6.2 The risk of damage, theft, loss, etc. of the products is passed on to the customer not later than upon the handover of the products to the carrier, freight forwarder or any other third party responsible for carrying out the dispatch, with the commencement of the loading operation being decisive. This also applies if partial deliveries are made or Heuer Hebetechnik has taken over other services (for example shipping or assembly). If the shipment or delivery is delayed due to circumstances caused by the customer, the risk is transferred from the day on which the delivery item is ready for dispatch and Heuer Hebetechnik has communicated this to the customer.
6.3 The goods delivered by Heuer Hebetechnik to the customer shall remain the property of Heuer Hebetechnik until full payment of all claims of Heuer Hebetechnik for all their current and future agreements with the customer has been made. The goods, as well as the goods which are subject to the retention of title in accordance with the following provisions, are referred to in the following as "reserved goods".
6.4 The customer shall keep the reserved goods free of charge for Heuer Hebetechnik.
6.5 The customer shall be entitled to process and sell the reserved goods in the normal course of business until the time of enforcement of the reservation of ownership (section 6.10). Pledges and security assignments are not permitted.
6.6 If the reserved goods are processed by the customer, it is agreed that processing takes place in the name and for the account of Heuer Hebetechnik as manufacturer and that Heuer Hebetechnik acquires the ownership or - if the processing is made of materials from several owners or the value of the processed goods is higher than the value of the reserved goods - the co-ownership (part-ownership) in the newly created goods in proportion to the value of the reserved goods to the value of the newly created goods. In the event that no such acquisition of ownership should take place at Heuer Hebetechnik, the customer shall transfer his future ownership or - in the aforementioned relationship - co-ownership of the newly created goods as a security to Heuer Hebetechnik. If the reserved goods are combined with other items to form one single item, or are inseparably mixed, and one of the other items is to be regarded as the main item, the customer shall transfer to Heuer Hebetechnik co-ownership of the single item in proportion as mentioned in sentence 1.
6.7 In the case of the resale of the reserved goods, the customer assigns to the purchaser the resulting claim against the purchaser to Heuer Hebetechnik as a precaution; in the case of Heuer Hebetechnik's co-ownership of the reserved goods their pro rata share of the co-ownership. The same applies to other claims that replace the reserved goods or otherwise arise with respect to the reserved goods, such as insurance claims or claims resulting from an improper act in case of loss or destruction. Heuer Hebetechnik warrants the customer revocably to collect the claims assigned to Heuer Hebetechnik in his own name. Heuer Hebetechnik may only revoke this collection authorisation in the event of a liquidation.
6.8 In the event that third parties get hold of the reserved goods, in particular by attachment, the customer shall promptly inform them of the ownership of Heuer Hebetechnik and inform Heuer Hebetechnik about this in order to enable them to enforce their property rights. The customer shall be liable to Heuer Hebetechnik if the third party is unable to reimburse Heuer Hebetechnik for their judicial or extrajudicial costs arising in this respect.
6.9 Heuer Hebetechnik shall release the reserved goods as well as the replacement goods or claims as long as their value exceeds the amount of the secured claims by more than 50%. It will then be up to Heuer Hebetechnik to choose the goods to be released.
6.10 If Heuer Hebetechnik withdraws from the contract for breach of contract by the customer (liquidation) - particularly in case of a delay in payment - Heuer Hebetechnik shall be entitled to reclaim the reserved goods.
Article 7 Inspection and complaints
7.1 If a commercial purchase is made pursuant to §§ 373 et seq. of the German Commercial Code, the customer's rights of defect presuppose that the latter has duly complied with the duties of inspection and complaint pursuant to § 377 of the Commercial Code and this Article 7.1:
The goods are to be carefully inspected immediately after delivery to the customer or to the third party designated by him. The goods shall be deemed approved if Heuer Hebetechnik has not received a written complaint concerning obvious defects or other defects which were recognisable in an immediate and thorough investigation within 7 working days after delivery of the goods or otherwise within 7 working days after the discovery of the defect or any earlier date, in which period the defect was recognisable for the customer in normal use of the goods without closer examination.
If a purchase agreement exists which is not a commercial purchase (e.g. because the customer is a non-buyer), the customer must immediately notify Heuer Hebetechnik of obvious or recognisable defects. Otherwise, the goods are considered approved. If a defect appears at a later stage, it must be reported immediately after discovery.
The foregoing obligation to inspect and notify also applies in the case of the discovery of a defect within the scope of a supplier's regress (§ 478 para. 6 of the German Civil Code).
7.2 Complaints regarding invoices are to be communicated to Heuer Hebetechnik in writing within 8 days from the date of the invoice.
Article 8 Warranty, material defects
8.1 The warranty period is one year from the delivery or, as far as acceptance is required, from the acceptance. This time limit does not apply to claims for damages from the customer of injuries to life, body or health or from intentional or grossly negligent breach of duty on the part of Heuer Hebetechnik or its vicarious agents, which are limited by the statutory provisions.
8.2 At the request of Heuer Hebetechnik, a rejected delivery item shall be returned to Heuer Hebetechnik freight-free. In case of justified complaints, Heuer Hebetechnik shall pay the cost of the most favourable shipping method; this shall not apply in the event of extra costs when the delivery item is located at a place other than at the place of its intended use.
8.3 In the event of material defects of the delivered goods, Heuer Hebetechnik shall be obliged and entitled to rectify or replace the goods after having made an appropriate decision within a reasonable period. In the event of the failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer can withdraw from the contract or reduce the purchase price accordingly.
8.4 If the defect is due to the fault of Heuer Hebetechnik, the customer may demand compensation under the conditions set out in Article 9.
8.5 In the event of defects of components from other manufacturers which Heuer Hebetechnik is unable to fix for copyright or factual reasons, Heuer Hebetechnik will, at its discretion, assert its warranty claims against the manufacturers or suppliers on behalf of the customer or assign these claims to the customer. Warranty claims against Heuer Hebetechnik only exist in such a case if the judicial enforcement of the above claims against the manufacturer and supplier were unsuccessful, or - e.g. due to insolvency - were pointless. The statutory limitation of the customer's warranty claims against Heuer Hebetechnik is suspended for the duration of the legal dispute.
8.6 The warranty does not apply if the customer changes the delivery item without the consent of Heuer Hebetechnik or has it changed by a third party and the rectification of the defect thereby becomes impossible or unreasonable. In any case, the customer shall bear the additional costs for the corrective action as a result of the changes made.
8.7 A customer-agreed delivery of used items in an individual case takes place under exclusion of any warranty for material defects.
Article 9 Liability for damages due to fault
9.1 The liability of Heuer Hebetechnik for compensation for any reason whatsoever, in particular from impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations with regard to contract negotiations and tort, shall be limited in accordance with this Article 9.
9.2 Heuer Hebetechnik shall not be liable in the case of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents, insofar as this is not a violation of contractual obligations. Essential contractual obligations shall be obligations for the timely, defect-free delivery and installation/assembly of the delivered goods, its freedom from defects in rights as well as such defects which impair its functionality or usability more than insignificantly, as well as consultation, protection and custody obligations, which are to facilitate the contractual use of the delivery item for the customer or which are to protect the life and limb of the customer's or third parties' personnel or to protect the property of the customer against considerable damages.
9.3 Insofar as Heuer Hebetechnik is liable in accordance with Article 9.2 for damages, this liability is limited to damage which Heuer Hebetechnik has foreseen when concluding the contract as a possible consequence of a contractual infringement or which Heuer Hebetechnik should have foreseen by applying due care and attention. Furthermore, indirect damage and consequential damage resulting from defects in the delivery item are only subject to compensation insofar as such damage is typically to be expected when using the delivery item as stipulated.
9.4 In the event of liability for simple negligence, Heuer Hebetechnik's obligation to make compensation for property damage and any resulting financial losses is limited to the amount of EUR 2.500.000 per claim and a maximum amount of EUR 5.000.000 per annum (corresponding to the current cover sum of Heuer Hebetechnik's product liability insurance or third party insurance), even if this is a case of infringement of obligations essential to the contract.
9.5 The aforementioned exclusions and limitations of liability apply to the same extent in favour of the organs, legal representatives, employees and other agents of Heuer Hebetechnik.
9.6 Insofar as Heuer Hebetechnik provides technical information or acts as an adviser and this information or advice is not part of the contractually agreed scope of services owed by Heuer Hebetechnik, this is done free of charge and with the exclusion of any liability.
9.7 The limitations of this Article 9 do not apply to Heuer Hebetechnik's liability on account of deliberate actions, for guaranteed characteristics, on account of injury to life, limb or health or according to the product liability law.
Article 10 Suspension and dissolution
10.1 Without prejudice to the other rights of Heuer Hebetechnik and without proof of any breach of duty or liability for damages, Heuer Hebetechnik shall have the right to withdraw from the agreement and/or the order in full or in part or suspend the following execution of the agreement, if
a. the customer fails to meet his obligations under the terms of the agreement against Heuer Hebetechnik, or fails to meet his obligations in an adequate or timely manner, even if he is not at fault;
b. or certain facts have come to the attention of Heuer Hebetechnik, which give Heuer Hebetechnik valid grounds for believing that the customer shall not, or not in a timely manner, or not completely, fulfil his obligations;
c. or the customer becomes insolvent, is subjected to forced administration, or a comparable request has been filed, or the customer's company has been dissolved, is on strike or in liquidation.
10.2 In case of the existence of one of the provisions referred to in the preceding Article 10.1, subparagraphs a through to c, Heuer Hebetechnik shall be entitled to demand the immediate fulfilment of all claims.
Article 11 Intellectual property rights, contractual penalty
11.1 Unless otherwise agreed in writing, Heuer Hebetechnik reserves all intellectual property rights in all offers, orders, designs, illustrations, drawings, models, delivered products and the like, delivered by Heuer Hebetechnik, irrespective of whether the customer had been charged for the manufacture of the same. Such data and objects may not be reproduced, used or made available to third parties without the prior written consent of Heuer Hebetechnik. The customer has to return these items to Heuer Hebetechnik at the request of Heuer Hebetechnik and to destroy any copies produced if they are no longer required by him in the normal course of business or when negotiations do not lead to the conclusion of a contract.
11.2 The customer shall indemnify Heuer Hebetechnik from all third-party claims resulting from the alleged infringement of intellectual property rights of such third parties.
11.3 The customer is not entitled to remove or modify the designation of copyrights, trademarks, trade names or other intellectual or industrial property rights from the elements mentioned in Article 11.1 above.
11.4 The customer is obliged to pay a contractual penalty for each case of the infringement of a provision contained in this Article 11, the amount of which is established at the discretion of Heuer Hebetechnik in accordance with § 315 of the German Civil Code and shall be put before the competent court in the event of a dispute. Every infringement shall be regarded as a separate act, except for the continuation of the same infringement. In the case of continuous infringements, the contractual penalty shall be payable for each week of the infringement. Any other claims of Heuer Hebetechnik, including injunctive relief and claims for damages for which the contractual penalty shall be charged - subject to a different agreement - shall remain unaffected.
Article 12 European Sanctions Regulation
12.1 The customer guarantees to comply with any EU restrictive measures following from the European Sanctions Regulation in respect of products supplied by Heuer Hebetechnik.
12.2 In particular, the customer may not deliver products delivered to him by Heuer Hebetechnik to a buyer / customer (the end user), insofar as the delivery violates a delivery ban by the EU in accordance with section 12.1 above. This applies, in particular for products whose delivery is to a prohibited country such as countries subjected by restrictive measures of the EU or another competent authority. The same applies if the buyer / customer of the customer is a natural person, a legal person or a legal entity who is on a prohibited list of the European Authority or another competent authority and / or who is resident in a country for which a delivery ban exists. Insofar as the delivery to the buyer / customer is permitted under EU regulations under conditions or other conditions, the customer undertakes to comply strictly with these. If the delivery to the buyer / buyer is in example only permitted with an export license, the customer guarantees not to deliver any products without such authorization.
12.3 The customer is obligated to inform Heuer Hebetechnik without further notice and without delay if the customer intends to deliver Heuer Hebetechnik products to a buyer / customer, which would violate a delivery ban in accordance with the paragraphs 12.1 and 12.2. The same applies if, according to the circumstances, such a breach cannot be excluded from the outset. The obligation of the customer to provide information also exists if the delivery to the buyer / customer is permitted only under conditions or other conditions (see section 12.2 sentence 4). The customer is obliged to provide Heuer Hebetechnik with detailed information about the buyer / customer, the scope and other modalities of the intended delivery at the first request, insofar as this is necessary to examine any breach of a delivery ban. In addition, the customer must provide suitable proof of compliance with any conditions / prerequisites (see section 12.2 sentence 4).
12.4 The customer agrees to ensure that any third party involved in the performance of the agreement with its buyer / customer will comply with the obligations and limitations contained in European Sanctions Regulation.
12.5 The customer further assures to agree with a buyer / customer to whom he supplies Heuer Hebetechnik products that he / she also complies with and observes the obligations and limitations resulting from the European Sanctions Regulation and that he / she ensures that such obligation is passed on to any further buyers / customers in the supply chain, respectively. Furthermore, the customer undertakes to ensure that the information obligations pursuant to Section 12.3 of these Terms and conditions in the supply chain are also passed on, whereby the information obligation in each case to the respective own supplier of the respective buyer / customer exists.
12.6 The customer shall indemnify and hold harmless Heuer Hebetechnik against any and all fines and penalties imposed on Heuer Hebetechnik and any and all claims, judgments, liabilities, losses, actions, debts or rights of action, of whatever kind, and all costs and expenses, including full and reasonable legal fees, arising out of any breach of the European Sanctions regulations by the customer and/or any breach of the obligations as enacted in this article 12.
Article 13 Governing law; disputes; language
13.1 All legal relations between Heuer Hebetechnik and the customer of any kind are exclusively subject to the laws of the Federal Republic of Germany. The Vienna Sales Convention (CISG) and any other applicable international regulations are explicitly excluded.
13.2 If the customer is a merchant, a legal person of public law or a public special fund, or if the customer has no general court of jurisdiction in the Federal Republic of Germany, the court of jurisdiction for any disputes arising from the business relationship between Heuer Hebetechnik and the customer shall be the seat of Heuer Hebetechnik.
13.3 The German version of these General conditions of sale shall prevail.