Conditions

1. General

The business relationships with customers of YUHUA GMBH are based on the following conditions. This also applies to all future businesses, even if YUHUA GMBH does not refer to it in each individual case. Deviating regulations, in particular verbal side agreements, require written confirmation by YUHUA GMBH. The order confirmation, which is sent to the customer after the contract is concluded, is decisive for the content of the contract, provided this is not contradicted.

 

2. Terms of payment

(1) Unless otherwise agreed, 70% of the price is due when the order is placed and when the goods are ready for assembly or delivery, the remainder when the goods are accepted. If another method of payment has been agreed upon, each payment is due no later than 14 days after the invoice date.

 

3. Order, order confirmation

(1) The order becomes binding through a written order confirmation.

(2) The specified delivery time begins on the day on which the order has been finally clarified in terms of technology and design, the agreed down payment has been made and any approvals by authorities or third parties have been granted.

 

(3) Force majeure events or other unforeseen circumstances make the delivery of YUHUA GMBH more difficult or impossible to complete, and YUHUA GMBH has the right to delay delivery or request the complete or partial withdrawal of the unfulfilled part of the contract. This applies in particular to sovereign measures, labor disputes, operational interruptions (such as fires, lack of raw materials or energy, interruption of tools and machinery), and traffic route obstacles, regardless of whether these situations occur in YUHUA GMBH or suppliers.

 

(4) We reserve the right to make changes to the design that proves to be technically necessary and reasonable for the customer, taking into account the interests of YUHUA GMBH.

 

(5) Necessary changes are deemed to be an order extension, even if they are based on official requirements. If the customer initiates subsequent changes, YUHUA GMBH will charge the resulting costs. This also applies to the repetition of preparatory work. That the customer requests due to minor deviations from the template.

 

(6) If YUHUA GMBH has to dispose of dismantled parts due to statutory provisions or official instructions, the customer shall bear the costs incurred, even if this has not been expressly agreed. This does not apply if statutory provisions provide otherwise.

 

4. Offer

(1) The offers including the delivery times are non-binding. The prices do not include VAT. Unless otherwise agreed, the prices apply for ex-works without packaging, freight, postage, insurance, and other shipping costs.

(2) Ownership passes to the customer after 100% payment of the fee. If preparatory work is carried out free of charge, YUHUA GMBH reserves ownership and copyright to it. The preparatory work may

not be made available to third parties, in particular competitors, and may not be used for tendering purposes. If the offer is not accepted, it must be returned immediately.

 

 

 

5. Assembly

For assemblies of any kind, including those that are part of a delivery order, as well as for all subsequent repairs and changes (hereinafter referred to as "services"), the following applies:

(1) Assumption that assembly work is carried out without hindrance or delays can. The assembly prices, even if they are agreed as fixed prices, do not include those costs that arise as a result of delays occurring due to circumstances for which the customer is responsible or as a result of which additional work is required. The customer bears any expenses arising from this. The same applies to the costs for any services by other trades, for scaffolding or lifting equipment, for proof of stability, or for disposal costs.

(2) YUHUA GMBH can commission required third-party services at the customer's expense.

(3) Unless otherwise stipulated in the contractual relationship, YUHUA GMBH will invoice the service outside of its warranty obligations based on the time required plus transport and travel costs and expenses. For maintenance, service, and repair work, the required material will also be invoiced at YUHUA GMBH's prices.

(4) Unless otherwise agreed, the following provisions apply to these services:

a. The client has to create all prerequisites that enable timely, unhindered, safe work of the YUHUA GMBH staff. The client has to make available at good time at his own expense: Sufficient sanitary facilities for the employees of the YUHUA GMBH or the entrepreneurs commissioned by him; Lighting, heating, water, and energy. YUHUA GMBH will inform the client about unusual requirements;

b) Before the start of the YUHUA GMBH's services, the client, if known to him, has the necessary information about the location of concealed power lines or similar systems as well as the required static and technical information available. The same applies to other special features and dangers that YUHUA GMBH cannot be obvious.

(5) Costs that YUHUA GMBH accrues from failure to comply with the prerequisites mentioned in section 2 for which the customer is responsible are borne by the customer. However, if one or more of these prerequisites is not met and the performance of the service is therefore unreasonable for YUHUA GMBH, YUHUA GMBH can refuse this without prejudice to its further rights.

(6) With regard to these services, YUHUA GMBH is entitled, at its option, to commission other entrepreneurs (subcontractors) to provide the services. The subcontractor is only obliged to follow the instructions of YUHUA GMBH. The supervision of the personnel of the subcontractor is the sole responsibility of YUHUA GMBH.

 

6. Production, delivery, and acceptance

(1) In the event of excess or short deliveries in the scope customary in the industry (up to 10% of the ordered amount), the amount delivered will be charged.

(2) Tools and materials used to carry out the order that has not been installed remain the property and possession of YUHUA GMBH, even if the customer reimburses them for a share of the costs.

(3) In the case of delivery without assembly, shipping or transport is at the expense and risk of the customer. The customer bears the costs for transport insurance if necessary. Any transport and packaging damage must be detected immediately upon delivery to the carrier. If the customer issues the carrier a "pure receipt", warranty claims due to transport damage are excluded. This does not apply to hidden defects.

 

(4) When assembling a product, the customer is obliged to accept it immediately after completion of the assembly. If you are unable to attend, the acceptance must take place within 12 working days.

(5) If the client is in default of acceptance or if he violates other obligations to cooperate, YUHUA GMBH is entitled to demand the damage it incurs, including any additional expenses. In this case, the risk of accidental loss or accidental deterioration of the delivery item is transferred to the customer at the point in time at which the customer is in default of acceptance.

(6) Goods reported as ready for dispatch or assembly, which the customer does not call for within 5 working days, will be stored and invoiced at his own risk and expense.