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Copyright
The copyright, particularly to our scope of delivery, our catalogues, images, flyers, software and the website is held by Gebr. Hoffsümmer GmbH & Co. KG based in Düren, provided these rights are not held by licensers, our suppliers or other third parties.

Disclaimer
All names and descriptions used may be brands, trademarks or registered trademarks of their respective owners even if they are not specifically labelled as such. Any reference to products or brands is for information purposes only and therefore does not constitute a trademark or brand violation and does not constitute a recommendation or evaluation. We accept no liability whatsoever for the selection, performance or use of these products or services.

Some of the statements made here may describe future situations. Statements of this kinds about products or markets or the company results of Hoffsümmer are based on current assumptions and are therefore subject to a number of risks and uncertainties. These risks and uncertainties include, in particular but not exclusively, the development of the global economy (incl. exchange rate fluctuations), the economic development of the paper market, the competition, rapid and unexpected technological changes, fluctuations in the demand for Hoffsümmer products (incl. seasonal fluctuations), and the possibility that Hoffsümmer develops new products and differentiates itself from the competition.

As a result of the decision dated 12 May 1998 - O 85/98 – liability for links, by district court Hamburg, by including a link you may be co-responsible for the content of the pages linked to. This can only be prevented by explicitly distancing yourself from these contents. We herewith explicitly distance ourselves from the contents of all pages linked to on our website and do not endorse their content. The same applies to all other links on this website.


Terms and conditions

1. All orders must be confirmed by the seller in writing. The sales contract is concluded only once it has been confirmed. The content of the confirmation shall apply exclusively such that any contrary terms and conditions of the buyer do not have to be objected to. Any verbal agreements, agreements made over the phone or telegraphic agreements are binding only if they are subsequently confirmed in writing. The delivery times indicated in the order confirmation are approximate.

2. The place of performance for the delivery is the supplier. The risk is transferred to the buyer when the goods leave the supplier. The place of jurisdiction for all rights and duties of the contractual parties for business of any type is Düren.

3. In the case of delivery on call, the call-off orders should be distributed across the agreed on period as evenly as possible. The orders must be called off within three months.

4. The seller is freed from the obligation of performance or part-performance that have caused significant interruption to operations through no fault of their own. If the seller is prevented from carrying out an order as a results of special circumstances beyond his control within six months, he is entitled to cancel the order. If the dispatch of the goods as a result of exceptional circumstances that the seller is not responsible for, the seller is authorised, notwithstanding immediate billing, to store these goods for the account and at the risk of the buyer, if the seller’s storerooms are not sufficient.

5. Prices are net ex works plus fees for the 15 or 20 t load. The amount shall be calculated based on the weight measured by the seller. Packaging will not be taken back.

The price applicable on the day of the delivery will be charged. Payment conditions are:

Payable in cash and bank transfer within 14 days of the date of the invoice with 2 percent discount or within 30 days net. In the case of bills of exchange – subject to acceptance – discounts and charges are payable by the buyer. In the event of delayed payment, the seller has the right to charge interest in the amount of the interest rate usually charged by commercial banks, and in any case at least 7 percent. The vendor shall not be liable for ensuring the prompt submission or protestation of bills, cheques or other papers issued for payment purposes. He shall treat such papers with the care of a conscientious businessman.

6. The goods shall be examined as soon as they have reached their destination and be treated with the care of a conscientious businessman. Any complaints must be made within 8 days of receipt of the goods. Hidden errors which fail to be found during immediate examination may only be asserted against us if the formal complaint is received by us within 3 months of the goods leaving the supplier, and upon production of the role slip. Once the goods have been processed no complaints can be made.

If the delivery is defective then the buyer is only entitled, to the exclusion of all other rights, to demand that the purchase agreement be changed, the purchase price lowered, or the defective goods to be replaced by defect-free goods.

7. All delivered goods remain our property until full payment of all current and future liabilities, including all subsidiary claims from the business relationship, and from other and future businesses with the buyer (current account reservation). Cheques and bills of exchange are considered payment only once they have been honoured. The title retention also applies to products that are the result of further processing. For us as manufacturer, the processing of goods subject to reservation is in accordance with § 950 BGB. The buyer is only the custodian. If our ownership expires due to processing, mixing, blending or combining them with goods that are not our property, the buyer shall assign to us the ownership in the unfinished or finished product to the amount of the invoice value of our goods subject to reservation. The transfer is replaced by the obligation of the buyer to store the new item (subject to reservation) for us free of charge. The buyer may sell the goods subject to reservation only as part of the proper course of business, subject to standard business conditions and as long as he is not in default.

The buyer is prohibited from hypothecation or transfer of the goods by way of security.

The buyer's claims from resale of the reserved goods are transferred to us in advance.

This transfer covers the total claim of the buyer to his recipients to the amount of the intrinsic value of the goods subject to reservation in accordance with our invoices until all our demands from the business relation have been met.

Notwithstanding our collection authority the buyer is authorised to collect payment from claims of the purchaser as long as he meets his payment obligations. If the value of the collateral granted pursuant to this clause exceeds our total claims by more than 30 percent we are, in so far as that goes, obligated to release securities of our choosing through retransfer.

The invalidity of a single clause does not affect the validity of the other clauses.

Date 27 February 2004