Home Career News About HISTA HISTA locations - contact download PDF General terms and conditions 1. Scope and part of the contract 1.1. The following general terms and conditions apply to all deliveries and services by the contractor, including information, offers, advice and repairs. Conditions of the client are expressly excluded. They only apply if they are expressly recognized in writing. 1.2. By placing the order, the client acknowledges that the provisions contained in these general terms and conditions become part of the contract and that the client's own terms and conditions as well as those of the main client are not valid, even if they are referred to in the service description of the order or in other documents will. 1.3. The execution of the services transferred to the contractor as well as the rights and obligations of the contracting parties are determined by: - the order letter / order - the service description of the order - these general terms and conditions - the VOB parts B and C in the latest version - the BGB. 1.4. The client reserves his unlimited property and copyright exploitation rights to cost estimates, drawings and other documents. The documents may only be made accessible to third parties with the prior consent of the client and must be returned to the contractor immediately upon request if the order is not placed with the contractor. 1.5. The client has the non-exclusive right to use software with the agreed performance characteristics in unchanged form on the agreed devices. The client may not create a backup copy without express agreement. 1.6. Partial deliveries are permitted as long as they are reasonable for the client. 1.7. The contractor's offers are non-binding. The contract is concluded by confirming the order by means of remote communication within the meaning of § 312 BGB, by express acceptance and by delivery of the service within three weeks from the date of receipt of the order. 2. Assignment and implementation 2.1. The conditions of the main order apply accordingly to all additional and follow-up orders. 2.2. The client is obliged to submit all the execution documents required for the services of the contractor - if necessary also those of the main client - to the contractor in good time and free of charge before submitting the offer, so that he has sufficient time to prepare the plans and the other contractual bases, For example, to review preliminary remarks on the respective items in the specification of services. 2.3. The client is responsible for the correctness and completeness of the information on the execution and contractual bases. 2.4. All information about the goods and services of the contractor, in particular the images, drawings, weight, dimensions and performance information contained in the offers and publications are approximate average values to be considered. They are not guaranteed characteristics, but descriptions or identifications of the goods. Unless limits for permissible deviations are expressly specified in the order confirmation or in the contract and are designated as such, deviations customary in the industry are permissible in any case. 2.5. All documents belonging to the offer such as images, drawings, etc. are only to be regarded as approximate as accurate in terms of size and weight; unless this dimensional and weight accuracy has been expressly declared an integral part of the contract in writing. 3. Changes and additions to the order 3.1. If the basis of the price for a service provided for in the contract is changed due to changes in the construction draft or other arrangements by the client and / or the main client, a new price must be agreed taking into account the additional and reduced costs. In this case, the contractor is entitled to refuse to carry out the work until the new price has been agreed if the change entails considerable additional work. The contractor's right to a new price agreement after execution remains unaffected. 3.2. If a service not provided for in the contract is requested by the client and / or main client, the contractor is entitled to special remuneration. He must notify the client of the resulting additional costs and the impact of the deadline in writing before the start of execution, unless the client had to assume - as is regularly the case with commercial cash services - that the additional services will not be provided without remuneration. A notification is also dispensable in the case of a waiver by the client. 3.3. If non-contractual services are carried out by the contractor or the client's order, the contractor is entitled to remuneration if the services were necessary for the fulfillment of the contract, corresponded to the presumed will of the client and were reported to him immediately. The provisions of the German Civil Code (BGB) on management without an order (Sections 677 ff.) Remain unaffected. 3.4. If a service not provided for in the contract is requested in individual cases by the main client, Section 3.3 shall apply. analogous. 4. Prices 4.1. The prices are exclusive of the prices stated in the order confirmation and / or in the contract. Additional services are charged separately. 4.2. All prices are net prices without sales tax, which the client has to pay additionally in the respective statutory amount. 4.3. The prices are from the contractor's place of business. Additional freight costs, in particular packaging costs that go beyond commercial packaging, ancillary charges and public charges are to be borne by the client. 4.4. The client bears the costs for work that has not been carried out. Since troubleshooting time is also working time, the costs incurred and to be documented will be charged to the client, in particular if an order cannot be carried out, in particular because a.) The fault complained of could not be determined in accordance with the rules of technology, b.) the customer culpably missed the agreed date, c.) the order was withdrawn during execution. This does not apply in the case of a proven warranty case. 5. Delivery 5.1. Only the dates expressly agreed in writing apply as delivery periods and execution dates. Delivery periods begin with the date of the order confirmation by the contractor, but not for unilateral declarations of all details of the order with the provision of any necessary certificates. 5.2. In the case of deadlines and dates that are not expressly stated in the order confirmation and / or the contract, the client can set the contractor a reasonable deadline for delivery / services two weeks after their expiry. The contractor is only in default once this grace period has expired. 5.3. Without prejudice to the rights of the contractor, all deadlines and dates are extended as a result of the customer's default by the period by which the customer does not meet his obligation to the contractor or does not meet it on time. In the event of a breach of duty by the contractor, the latter is only liable for damages to the extent of the provisions specified in these general terms and conditions. 5.4. In the event of force majeure and / or other unforeseeable, extraordinary circumstances for which we are not responsible, in particular in the event of fire, explosion and natural disasters, the delivery period is extended to a reasonable extent if this prevents us from fulfilling our obligation. 5.5. If the by the in paragraph 5.4. If the delivery or service is impossible or unreasonable for us, and if a case of impossibility occurs as a result of this in accordance with Section 275 (1) to (3) BGB, we shall be released from our delivery obligation. In this case, the customer is entitled to the statutory rights, in particular in accordance with Section 275 (4) of the German Civil Code (Sections 280, 283 to 285, 311a and 326). 5.6. We will serve the customer in the cases of paragraph 5.4. and 5.5. notify immediately. 6. Acceptance 6.1. If the contractor demands acceptance of the service after completion - possibly even before the agreed execution period has expired - the client must carry it out within 12 working days; a different period can be agreed. 6.2. If no acceptance is requested, the service is deemed to have been accepted within 12 working days after the contractor has given written notice of the completion of the service. 6.3. If no acceptance is requested and the client has used the service or part of the service, the acceptance shall be deemed to have taken place six working days after the start of use. The use of parts of a structure to continue the work does not count as acceptance. 6.4. With the acceptance the risk is transferred to the client. 7. Retention of title 7.1. All delivered goods remain the property of the contractor until all claims have been fulfilled, regardless of the legal reason, including future or conditional claims from contracts concluded at the same time or later. This also applies if payments are made on specially designated claims. 7.2. Handling and processing of the reserved goods are carried out for the contractor as the manufacturer within the meaning of Section 950 of the German Civil Code (BGB) without obliging the contractor. The processed goods are considered reserved goods within the meaning of Paragraph 1. If the customer processes, combines and mixes the reserved goods with other goods, the contractor is entitled to co-ownership of the new item in the ratio of the invoice value of the reserved goods to the invoice value of the other goods used. If the contractor's ownership expires through combination or mixing, the client transfers the ownership rights to which he is entitled to the new inventory or the item to the extent of the invoice value of the reserved goods and stores them free of charge for the contractor. 7.3. The client is only entitled to resell the reserved goods, to process them or to combine them with other items or to install them in any other way (hereinafter also referred to as resale for short) as long as he is not in default within the framework of proper business operations. Any other disposal of the reserved goods is not permitted. The contractor must be notified immediately of any seizures made by third parties or other access to the goods subject to retention of title. All intervention costs are borne by the client, insofar as they cannot be collected by the third party (opponent of the objection claim) and the third party objection claim has justifiably been brought. If the client defers the purchase price to his customer, so the ownership of the goods subject to retention of title has to be reserved against him under the same conditions under which the contractor reserved the property upon delivery of the goods subject to retention of title; however, the client is not obliged to retain title to claims against his customer that will only arise in the future. Otherwise the client is not authorized to resell. 7.4. The customer's claims from the resale of the reserved goods are hereby assigned to the contractor. They serve as security to the same extent as the reserved goods. The client is only entitled and authorized to resell if it is ensured that the claims to which he is entitled are transferred to the contractor. 7.5. If the reserved goods are sold by the client together with other goods not supplied by the contractor at a total price, the claim from the sale is assigned in the amount of the invoice value of the respective sold reserved goods by the contractor. 7.6. If the assigned claim is included in a current invoice, the client hereby assigns to the contractor a portion of the balance corresponding to the amount of this claim, including the final balance from the current account. 7.7. Until the revocation of the contractor's collection of the claims assigned to the contractor, the client is authorized. The contractor is entitled to revocation if the client does not properly meet his payment obligations from the business relationship with the contractor or if the contractor becomes aware of circumstances that are likely to significantly reduce the client's creditworthiness. If the prerequisites for exercising the right of revocation are met, the client must, at the request of the contractor, immediately notify the contractor of the assigned claims and their debtors, provide all information required to collect the claims, hand over the associated documents to the contractor and the Notify the debtor of the assignment. 7.8. If the value (in the case of claims the nominal value, in the case of movable objects the estimated value) of the securities existing for the contractor exceeds the secured claims by more than 50%. H., the contractor is obliged to release securities of the contractor's choice at the request of the client. 7.9. If the contractor asserts the retention of title, this is only considered a withdrawal from the contract if the contractor expressly declares this in writing. The right of the customer to own the reserved goods expires if he does not fulfill his obligations from this or another contract. 8. Assignment of Rights 8.1. To secure the full payment of the remuneration due to the contractor from this contract, the client hereby assigns his claims against the main client up to the amount of the expected remuneration claim of the contractor from the contract or from additional orders to the contractor, who accepts the assignment. 8.2. The contractor waives the assignment of claims against the main client, insofar as the latter does not consent to the assignment. 8.3. The assignment of claims against the contractor to third parties is excluded. Section 354 a of the German Commercial Code (HGB) remains unaffected. 9. Security Deposit 9.1. The client must provide the contractor with an absolute, unlimited guarantee from a major German bank / insurance company, waiving the objection of the advance action, via the aforementioned provision on retention of title up to the amount of the expected remuneration claim from the contract or from additional orders to submit the objection of contestability and offsetting, at the latest by the start of the work. 9.2. Instead of providing a guarantee, the client / the guaranteeing bank can provide security by depositing money in an account that both parties can use jointly (AND account). 10. Warranty 10.1. The client must examine the goods delivered immediately and report any defects in writing without delay. 10.2. Any defective parts of the delivery are to be repaired, re-delivered or replaced free of charge at the option of the contractor if they show a material defect within the warranty period, provided that the cause of this alleged material defect already existed at the time of the transfer of risk. The client is responsible for providing evidence. 10.3. Warranty claims become statute-barred after 12 months, provided that no case of § 438 I No. 2 BGB (buildings and items for buildings), § 479 I BGB (right of recourse) and § 634 a I No. 2 BGB (construction defects) apply and longer in these paragraphs Deadlines are prescribed. This also does not apply in cases of injury to life, limb or health, in the event of an intentional or grossly negligent breach of duty by the contractor and in the event of fraudulent concealment of a defect. In addition, the provisions of the BGB apply with regard to suspension, interruption and restart of the statute of limitations. 10.4. In the case of justified complaints, the client may only withhold payments to the contractor that the contractor has to make to the contractor to an extent that is reasonable in relation to the material defects that have occurred. If the notification of material defects is wrong, the contractor is entitled to demand reimbursement of the expenses incurred by the client. Further claims for damages by the contractor due to default by the client remain unaffected. 10.5. Before the assertion of warranty claims, the contractor must be given the opportunity to provide supplementary performance within a reasonable period of time. 10.6. If this subsequent performance fails, the client can withdraw from the contract or reduce the remuneration without prejudice to any claims for damages. 10.7. Warranty claims do not exist a.) In the case of only insignificant deviations from the agreed quality, b.) In the case of only insignificant impairment of usability, c.) In the case of natural wear and tear or damage that occurs after the transfer of risk as a result of incorrect or negligent treatment, excessive use, unsuitable equipment of the client or inadequate preparatory work by the client, d.) in the event of damage or impairment due to special external influences that are not assumed in the contract, as well as non-reproducible software errors or e.) if improper changes or repair work are / have been made by the client or a third party without consulting the contractor. 11. Claims for damages 11.1. Claims for damages and reimbursement of expenses by the client - regardless of the legal reason, in particular due to breach of obligations from the contractual relationship between the parties and from tort - are excluded. 11.2. This does not apply if the contractor is absolutely liable for damages, in particular under the Product Liability Act, in cases of willful intent and / or gross negligence. 11.3. The claim for damages is limited in any case to the foreseeable damage typical for the contract. 11.4. A change in the burden of proof to the detriment of the contractor is not associated with the above regulation. The general rules of presentation and burden of proof remain. 11.5. Insofar as the client is entitled to claims for damages according to these regulations, these shall become statute-barred upon expiry of the limitation period applicable to warranty claims. In the case of claims for damages under the Product Liability Act, the statutory statute of limitations standardized there apply. 12. Sustainability policy for suppliers to the HISTA group of companies 12.1. The suppliers / suppliers are familiar with the sustainability policy of suppliers to the HISTA group of companies and are fully accepted. 12.2. The sustainability policy of suppliers to the HISTA group of companies can be viewed on the Internet at www.hista.de. 13. Other provisions 13.1. Verbal collateral agreements do not exist. Changes / additions must be made in writing. This also applies to the waiver of the written form requirement. 13.2. Should a provision of these terms and conditions be / become ineffective, the effectiveness of all other provisions will not be affected. Instead of the ineffective / ineffective regulation, the parties undertake to make a regulation that comes as close as possible to the ineffective / ineffective regulation. 13.3. The place of fulfillment for the delivery and the obligation of the contract is the company headquarters of the contractor. The place of jurisdiction for both parties to the contract is the contractor's registered office. 13.4. German law applies to the exclusion of internationally standardized law (CISG). 13.5. HISTA Hirlinger & Stache OHG HISTA Hirlinger & Stache OHG Stettiner Str. 10 D-93073 Neutraubling Phone +49 9401 9202-0 Fax +49 9401 80253 HR Regensburg HRB no. 3441 IBAN DE66750500000030912810 BIC BYLADEM1RBG Unless otherwise specified, the general terms and conditions of HISTA Hirlinger & Stache OHG apply, which can be viewed on the Internet at www.hista.de. The place of jurisdiction is Regensburg. VAT ID no .: DE 154602182 ST no .: 244/115/6080 13.6. HISTA Elektro GmbH HISTA Elektro GmbH Stettiner Str 10th D-93073 Neutraubling Phone +49 9401 9202-0 Fax +49 9401 80253 Managing Director: Thomas Hirlinger Florian Bauer Josef Lautenschlager HR Regensburg HRB no. 5154 IBAN DE87750500000030907000 BIC BYLADEM1RBG Unless otherwise specified, the general terms and conditions of HISTA Elektro GmbH apply, which can be viewed on the Internet at www.hista.de. The place of jurisdiction is Regensburg. VAT ID no .: DE 153394788 ST no .: 244/115/60070 13.7. HISTA electric Anlagenbau GmbH HISTA electric Anlagenbau GmbH Stettiner Str. 10 D-93073 Neutraubling Phone +49 9401 9202-0 Fax +49 9401 80253 Managing Director: Thomas Hirlinger Florian Bauer Franz Wagner Commercial Register Regensburg Commercial Register No. 2788 IBAN DE75750500000030906440 BIC BYLADEM1RBG Unless otherwise specified , the general terms and conditions of HISTA Elektroanlagenbau GmbH apply, which can be viewed on the Internet at www.hista.de. The place of jurisdiction is Regensburg. VAT ID no .: DE 133702316 ST no .: 244/115/60089 We look forward to helping you with any questions you may have. Contact You'll find us here: Stettiner Strasse 10, 93073 Neutraubling, Germany Call us: +49 9401 9202-0 Email: elektro.gmbh@hista.de imprint data protection Conditions Sustainability policy