International Terms and Conditions of Sale of HEWI Heinrich Wilke GmbH
§ 1 Applicability of these International Terms and Conditions of Sale
§ 4 Specifications of the goods;
Third party rights
(1) The terms and conditions set out in these International Terms and Conditions of Sale, which form an integral part of the Contract of Sale, apply to all Contracts of Sale concluded as of
2 January 2020 if the buyer's relevant place of business is outside of Germany. These International Terms and
Conditions of Sale apply exclusively.
The buyer's terms and conditions which conflict or differ from these International Terms and Conditions of Sale and/or from the legal provisions do not apply, even if we do not object to them or render performance or accept the buyer's performance.
(1) The goods to be delivered have to conform to the specifications and quality requirements set out in the Order
Acknowledgement. To the extent no specifications or quality requirements are stated in the Order Acknowledgement, the goods conform with the contract if they are fit for the purpose which is usual in Germany and fit for the purpose for which goods of the same description are usually used for in Germany. Unless otherwise explicitly agreed to, the goods do not have to conform to any laws or regulations existing outside of Germany. Should the conformity of the goods depend on the field of application of the goods,
the buyer shall also be responsible for ensuring that the goods are suitable for the purpose intended by him.
(2) These Terms and Conditions of
Sale do not apply if the goods are bought for personal, family or household use and we knew or ought to have known at any time before or at conclusion of the Contract of Sale that the goods were bought for any such use. The buyer declares that the goods are not bought for personal, family or household use.
§ 2 Formation of the Contract of Sale