General terms of sale

General terms and conditions for commercial customers

Contractual partner of the end customer: Trebes & Henning Handschuhe und Arbeitsbekleidung GmbH & Co. KG

1. General

  • 1.1 Our terms of sale and delivery (VL) apply to all present and future legal transactions concluded with us, unless expressly agreed otherwise.
  • 1.2 Terms of our contractual partner that conflict with our VL do not apply to the legal transactions concluded with that partner; we hereby expressly object to those terms.
  • 1.3 If in an individual case we do not exercise rights to which we are entitled, this does not constitute a waiver of these rights for the future.
  • 1.4 Should any of these VL be or become invalid, the validity of the remaining VL shall not be affected.

2. Conclusion of contract

  • 2.1 Our offers are non-binding.
  • 2.2 Our information on dimensions, weights, illustrations, descriptions, price lists, brochures and catalogues that relate to the goods or our offers serves only to describe the products and is not to be understood as a statement of quality, an assurance of quality, an assurance of a property, or the giving of a guarantee.
  • 2.3 Timely and proper self-supply remains reserved. Our minimum net goods value per order is EUR 100.00.

3. Prices

  • 3.1 Our prices are ex warehouse in EURO plus the applicable statutory VAT.
  • 3.2 Prices confirmed by us apply only if the confirmed quantity of goods is accepted.
  • 3.3 For transactions with entrepreneurs the list prices valid on the day of delivery generally apply.
  • 3.4 For transactions with entrepreneurs we are entitled to change the prices if the conditions material to the agreed price have changed or the supplier has justifiably increased its prices subsequently and can prove this.
  • 3.5 We charge packaging at cost price but do not take it back.

4. Delivery and transfer of risk

  • 4.1 Partial deliveries are permitted. For an order value of EUR 500.00 net or more we deliver free domicile (Federal Republic of Germany); this also applies to partial call-offs with a value of more than EUR 500.00 net.
  • 4.2 Delivery dates (delivery dates and periods) are non-binding. Default in delivery requires a written reminder from the contractual partner. Rights of the contractual partner other than withdrawal after setting a reasonable deadline, in particular claims for compensation for delay, are excluded unless non-compliance with the delivery period was caused by us through gross negligence or intent.
  • 4.3 Delivery as well as return delivery is at the risk and expense of the contractual partner, including when our own means of transport are used, from our warehouse or works.
  • 4.4 If we ship the goods at the request of the contractual partner to another place, the transport risks as well as the time risk are also borne by the contractual partner even if transport to the destination is for their account or “freight prepaid”.
  • 4.5 We have the right to ship or dispatch the goods in one or more partial consignments with or without transshipment.
  • 4.6 Taking out insurance, in particular transport insurance, is a matter for the contractual partner. We are entitled to insure the transport at the contractual partner’s expense.
  • 4.7 We select packaging, shipping method and shipping route at our dutiful discretion; packaging is charged separately.

5. Impediments to performance

  • 5.1 The contract is concluded subject to the required import and export licences and any other required official approvals.
  • 5.2 In cases of force majeure and in circumstances in which we have acted neither intentionally nor with gross negligence, we are entitled to postpone delivery until a reasonable period after removal of the impossibility or inability, or to withdraw from the contract in whole or in part, without our contractual partner having any rights against us. If the impediment lasts longer than 3 months, our contractual partner is entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet performed.

6. Payment, due date, default, set-off, retention

  • 6.1 Our invoices are due for payment without deduction 30 days after the invoice date.
  • 6.2 For payment within 10 days of the invoice date we grant 2% discount if all earlier invoices have been settled.
  • 6.3 For advance payment before dispatch of the goods we grant 4% discount.
  • 6.4 Payment other than cash is deemed to have been made only on the day we become aware that we can actually dispose of the amount. We are not liable for timely presentation of cheques.
  • 6.5 Default in payment occurs without reminder when our claim falls due according to the due date shown on the invoice. We are entitled to charge a cost lump sum of EUR 5.00 plus the applicable statutory VAT for each reminder.
  • 6.6 In the event of default all outstanding claims, including those not yet due, become immediately payable without any deduction.
  • 6.7 If the contractual partner does not pay an invoice amount when due or
    • is in default of acceptance of the goods or
    • cheques or bills given by them by way of payment are not honoured or
    • after the offer or conclusion of the contract other facts become known which make the creditworthiness or willingness to pay of the contractual partner appear doubtful, we are entitled, after setting a reasonable deadline, at our option,
    • to withdraw from the contract or
    • to claim damages for non-performance,
    • to demand immediate advance payment of the purchase price as well as immediate payment of all outstanding invoices. The same applies if the aforementioned facts become known with regard to a party involved in a bill or cheque.

7. Retention of title

  • 7.1 We retain title to all goods delivered by us until full payment of all claims arising from the business relationship, including those arising in future, regardless of the legal grounds, even if a purchase-price payment is made for specific, designated deliveries. In the case of a current account the retained title is deemed security for the balance claim.
  • 7.2 The contractual partner is entitled to dispose of the goods in the ordinary course of business. They are only entitled and authorised to resell the reserved goods on the condition that
    • 7.2.1 the claim from the resale passes to us,
    • 7.2.2 the contractual partner makes the written reservation that title passes to their customer only upon full payment to us and
    • 7.2.3 the collected amounts are held in trust and immediately paid over to us.
  • 7.3 The contractual partner hereby assigns to us the claim against their customer from the resale of the reserved goods.
  • 7.4 As long as the contractual partner fulfils their payment obligation towards us, they are authorised to collect the claims assigned to us in advance. This collection authorisation is, however, revocable at any time without stating reasons.
  • 7.5 Upon our request the contractual partner is obliged to name their purchasers and to disclose the assignment of claims.
  • 7.6 In the event of default in payment or when due we are entitled to demand the immediate return of our goods. The contractual partner is obliged to store the reserved goods separately from other goods, to mark them as our property and to refrain from any disposal. We are entitled to realise the goods by sale or auction without prior warning. We are also entitled to take the goods back for our own use against credit of the invoice amount less 30% lump-sum damages. The contractual partner and we reserve the right to prove lower or higher damage. Assertion of the retention of title and seizure of the delivered item by us shall not be deemed withdrawal from the contract. We are entitled at any time to demand information from the contractual partner on the whereabouts of the delivered goods, to inspect the contractual partner’s business premises at any time for the purpose of checking this information, and to inspect the contractual partner’s business records.
  • 7.7 If the value of the securities existing for us exceeds our claims by a total of more than 20%, we are obliged, at the request of the contractual partner, to release securities to that extent at our option.
  • 7.8 If a purchase contract is concluded under retention of title, we are entitled to withdraw from this purchase contract if an application for the opening of insolvency proceedings is filed against the contractual partner.

8. Product liability

  • 8.1 Our products are predominantly natural products or processed from them. Insofar as our products are intended only for occupational use (commercial or industrial) or for leisure, they may also only be used there. They are not suitable for any other use, and we assume no liability in that respect.
  • 8.2 Upon request our contractual partners receive from us all information we have about the goods we represent, in particular with regard to specific product hazards known to us. If the contractual partner wishes to distribute the products purchased from us in retail, they must inform themselves from us in advance whether information is available to retail regarding the unrestricted usability of the products by end consumers. Where applicable we will comprehensively inform the purchaser about the suitability of the products.

9. Warranty

  • 9.1 The contractual partner must inspect the goods immediately after arrival. Complaints due to obvious defects must be asserted to us in writing without delay. Other, non-obvious defects must be notified to us in writing immediately after they are discovered. In the event of a late complaint all warranty claims expire.
  • 9.2 By negotiating about complaints we do not waive the objection that the complaint was not made in time or was not sufficient.
  • 9.3 If the delivered goods have been altered in any way, all warranty claims expire.
  • 9.4 Commercially customary or technically unavoidable minor deviations from the range, quality, colour, width, weight, finish or design of the goods do not give rise to a warranty claim.
  • 9.5 If a complaint is justified, we will, at our option, provide subsequent performance by repair or by delivery of a defect-free item within a reasonable period. If subsequent performance fails within a reasonable period or is unreasonable for us, the contractual partner is entitled to a reduction or to withdraw from the contract. Claims for damages or reimbursement of expenses are excluded unless we have acted with intent or gross negligence. In the event of a justified complaint the contractual partner is not entitled to return the goods complained of to us. We will collect these goods within a reasonable period after the complaint at our risk and expense. Recourse claims of our contractual partner (Section 478 BGB) are excluded if our contractual partner has not fulfilled, or has not fulfilled in time, their duty of immediate inspection and complaint pursuant to Section 377 HGB. We reimburse the necessary and proven costs of subsequent performance that our contractual partner has incurred due to being held liable by their own customer. Our warranty obligations are suspended as long as our contractual partner does not pay due invoices.
  • 9.6 If the complaint was unjustified and the contractual partner nevertheless returned the goods to us, we are entitled either to refuse acceptance of the goods or, after acceptance, to charge the contractual partner a fee of up to 10% of the net goods value, but at least EUR 25.00, for checking and processing the return, as well as all other costs and expenses related to the return.

10. Limitation

  • 10.1 All warranty claims of the entrepreneur with regard to defects of the goods, including any claims for damages and reimbursement of expenses, become time-barred in commercial transactions after one year, beginning with delivery of the goods at the agreed destination.
  • 10.2 This provision does not apply to claims under the Product Liability Act.

11. Data storage

  • 11.1 The contractual partner expressly agrees that we may store and process their data by EDP insofar as this is necessary for business purposes and permitted under the Federal Data Protection Act.

12. Place of performance and place of jurisdiction

  • 12.1 The place of performance for delivery is the respective place of dispatch of the goods; for the obligations of the contractual partner it is our registered office.
  • 12.2 The place of jurisdiction for both parties, including for actions on bills of exchange and cheques, is, if the contractual partner is an entrepreneur, a public-law entity or a public-law special fund, Potsdam, provided the legal dispute relates to a legal relationship under these terms of sale and delivery.

13. Applicable law

  • 13.1 The UN Convention on Contracts for the International Sale of Goods does not apply to our contracts.
  • 13.2 The contracts concluded with our contractual partner are governed exclusively by the applicable law of the Federal Republic of Germany.

14. Entry into force

  • 14.1 These terms of sale and delivery apply from the date of publication and replace all VL valid until then.

15 Copyright

  • 15.1 Further use of the catalogue or parts thereof (illustrations) for own purposes (advertising) is only permitted with the written approval of Trebes+Henning GmbH & Co. KG.

As of April 2003 – Trebes+Henning GmbH & Co. KG

Return of goods

The most convenient way for you and for us:
Call us!

We will arrange collection because this keeps the costs lowest for you and for us. Returns without prior consultation unfortunately have to be refused.