General Terms and Conditions of Hydrotechnik Lübeck GmbH
1. Scope, Priority of Special Provisions
The contractual terms or special agreements explicitly stated in an offer by Hydrotechnik Lübeck GmbH shall take precedence over these General Terms and Conditions. Both frameworks apply additionally alongside each other. In the event of contradictions or gaps in regulation, the provisions contained in the offer or in the special contractual terms shall prevail.
2. Offers, Conclusion of Contract
All offers made by Hydrotechnik Lübeck GmbH are non-binding and without obligation and merely constitute an invitation to submit a binding offer (invitatio ad offerendum). A contract shall only come into effect upon written or text-form confirmation of order by Hydrotechnik Lübeck GmbH. Orders placed by the client shall be considered a binding offer, which Hydrotechnik Lübeck GmbH may accept within a reasonable period.
3. Prices, Offer Validity
Unless expressly stated otherwise in the offer or special contractual terms, the prices quoted in an offer shall be valid for four weeks from the date of the offer.
4. Remuneration, Cost Estimates
Unless a different remuneration system has been expressly agreed, the prices stated in the offer shall be deemed lump-sum remuneration. Hydrotechnik Lübeck GmbH is entitled to invoice cost estimates separately insofar as they are necessary for the provision of services, execution of works, or other activities related to the contractual subject matter.
5. Liability
Hydrotechnik Lübeck GmbH shall be fully liable in cases of intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
For simple negligent breaches of essential contractual obligations, liability is limited to the typical and foreseeable damage. Liability for simple negligent breaches of non-essential contractual obligations is excluded.
Mandatory statutory liability provisions, in particular under the Product Liability Act and for given guarantees, remain unaffected.
6. Liability of Vicarious Agents
The limitations of liability under clause 5 shall also apply in favour of the legal representatives, bodies, employees, vicarious agents, and subcontractors of Hydrotechnik Lübeck GmbH, to the extent permitted by law.
7. Warranty, Limitation Period
Warranty claims shall, to the extent legally permissible, lapse two (2) years after acceptance of the work, provision of the service, or delivery of the purchased item, unless mandatory statutory periods provide for longer limitation periods.
8. Payment Terms
Payment terms shall be governed by separate agreements. In the absence of any such agreement, invoices are due and payable within 30 days of receipt, without deduction. Invoicing is carried out in electronic form in accordance with Section 126a of the German Civil Code (BGB). Statutory rights of retention and claims arising from defects remain unaffected.
9. Delivery
The following provision shall apply exclusively to deliveries of products by Hydrotechnik Lübeck GmbH. The risk of accidental loss or accidental deterioration of the products shall pass to the customer upon handover to the carrier or upon leaving Hydrotechnik Lübeck GmbH’s workshop, provided that the products have been manufactured in accordance with the contract at that time; the customer’s warranty rights shall remain unaffected. Unless otherwise agreed in the individual contract, the INCOTERMS® 2020 of the International Chamber of Commerce (ICC) shall apply as the standard rules governing the place of delivery, allocation of costs, and transfer of risk.
10. Set-off, Retention
The client is only entitled to set-off or retention to the extent that their counterclaims are undisputed or legally established, to the extent permitted by law.
11. Termination of Contract
Termination of the contract must be made in text form to be effective. If the reason for termination lies within the client’s sphere of responsibility, the client shall be obliged to reimburse Hydrotechnik Lübeck GmbH for all costs, expenses, and services already incurred in connection with the contract. This applies in particular to preparatory work, material orders, and planning services already performed.
12. Applicable Law, Jurisdiction
Only the law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, Hamburg shall be the exclusive place of jurisdiction for all disputes arising from or in connection with the contractual relationship. Mandatory statutory rules on jurisdiction remain unaffected.
13. Severability Clause
Should any provision of these General Terms and Conditions or any contract concluded on their basis be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
14. Data Protection
The processing of personal data is carried out in accordance with the data protection policy of Hydrotechnik Lübeck GmbH. The current data protection policy is available at any time on the website: https://www.hydrotechnik-luebeck.de/privacy-policy/.