Terms & Conditions

Status: 06.07.2026

View Terms & Conditions (PDF)

I. General Provisions and Scope of Application

Deliveries and services provided by HAUBER-Elektronik GmbH (hereinafter also referred to as “Hauber”) are made exclusively on the basis of these General Terms and Conditions (GTC) and exclusively to commercial customers or business owners as defined in § 14 of the German Civil Code (BGB). Accordingly, an entrepreneur is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activity. Any deviating terms and conditions of the commercial customer or the buyer (hereinafter generally referred to as the “Customer”) shall not be recognized unless Hauber has expressly agreed to such deviating terms and conditions in writing. Hauber’s General Terms and Conditions apply without restriction even if the customer refers to its own terms and conditions in the order and Hauber has not expressly objected to those terms and conditions.
To the extent that these Terms and Conditions contain references to applicable statutory provisions, such references serve solely for clarification purposes; the statutory provisions shall therefore apply—even if no corresponding clarification has been provided in this regard—to the extent that they are not modified or excluded by these Terms and Conditions.
These Terms and Conditions apply to the sale and/or delivery of goods distributed by Hauber and to the services to be provided in this context. In this regard, it is irrelevant whether the goods are manufactured by Hauber itself or purchased from suppliers. These Terms and Conditions apply in the version valid at the time of the customer’s order or in the version most recently communicated to the customer in text form, and they also apply to similar future contracts without Hauber having to refer to them again in each individual case.
Individual agreements made with customers on a case-by-case basis (including ancillary agreements, supplements, and amendments) take precedence over these General Terms and Conditions. Subject to proof to the contrary, a written contract or a written statement shall be decisive for the content of such agreements.
All legally relevant declarations by customers within the scope of the concluded contract (e.g., notices of defects, setting of deadlines, withdrawal, or assertion of a right to a price reduction) must be in writing. Any further statutory formal requirements remain unaffected by this provision.
Please note that, in accordance with the provisions of the Federal Data Protection Act, personal data is collected, processed, and shared internally only to the extent necessary for the conduct of business relations.

II. Contract Offer and Conclusion of Contract

Offers made by Hauber to an indefinite number of customers are subject to change and are non-binding. This also includes catalogs, technical documentation, product descriptions, and other materials made available to the customer.
By ordering the desired goods and services, the customer makes a binding offer to enter into a contract. The customer is bound by their order for delivery. The contract for the delivery of the goods or the provision of the service is concluded when Hauber confirms the order in writing within four weeks of the customer placing the order, countersigns the order, or executes the order without reservation. The four-week period begins on the day after the customer submits the offer in text form. A confirmation of receipt of the order by Hauber does not constitute a binding acceptance. The scope of services is then determined exclusively by the order confirmation.
All products and goods offered are manufactured in accordance with the state of the art or industry standards. Hauber reserves the right to make technical changes as well as changes in shape, color, and/or weight within reasonable limits. As a general rule, only the manufacturer’s product description shall be deemed the agreed-upon quality of the goods.
Verbal statements, collateral agreements, and representations made by employees must be in writing to be legally effective—this also applies to additions or amendments.
Hauber reserves ownership rights and/or copyrights to all documents provided in connection with the contract concluded with the customer. This includes, for example, all catalogs, illustrations, drawings, calculations (including their verifications), and other documents. These may not be reproduced or made available to third parties without consent and must be returned immediately if the order is not carried out. This obligation to return documents also applies in the event that Hauber does not accept the customer’s order within the time limit specified in Section 2.

III. Prices and Terms of Payment

Unless a different agreement meeting the formal requirements of these General Terms and Conditions is reached in individual cases, the prices quoted by Hauber at the time the contract is concluded shall apply. Unless otherwise stated in the order confirmation, all prices quoted include the statutory value-added tax (VAT) in effect at the time the order is placed. Should the statutory value-added tax change after the contract is concluded, Hauber is entitled to adjust the value-added tax for services not yet rendered.
The costs of packaging and shipping shall be borne by the customer and invoiced separately. The customer shall also bear the costs of transport insurance. In addition, the customer shall bear any customs duties, fees, taxes, and other public charges.
If Hauber uses reusable transport crates, boxes, or similar items (transport materials), the customer is granted the right to return these transport materials to Hauber within one month of receiving the goods. In return, Hauber will credit the customer for the value of the transport materials, unless the transport materials show damage that is more than minor.
Should Hauber, at the customer’s request, incur costs for travel, installations, on-the-job training, training sessions, or organizational measures, these will be invoiced to the customer in accordance with Hauber’s currently valid terms and hourly rates.
In individual cases, an agreement on a flat-rate transportation fee that meets the formal requirements of these General Terms and Conditions may be reached.
Hauber reserves the right to make reasonable price adjustments due to changes in labor, material, and distribution costs for deliveries made six months or more after the conclusion of the contract, provided that no fixed-price agreement has been made. The customer is entitled to object to such adjustments. In the event of such an objection, Hauber is entitled to withdraw from the contract.
Unless otherwise agreed, the purchase price is due within 14 days of the invoice date and delivery of the goods. If there is an ongoing business relationship with the customer, Hauber reserves the right to fulfill an order, in whole or in part, only upon receipt of an advance payment. The customer shall be in default if the 14-day payment period expires without payment having been received in Hauber’s account. Upon the onset of default, the applicable statutory default interest rate pursuant to Section 288(2) of the German Civil Code (BGB) shall apply, amounting to 9 percentage points above the respective base interest rate. Hauber hereby expressly reserves the right to claim further damages resulting from default. Hauber also reserves the right to claim commercial interest on overdue payments pursuant to § 353 of the German Commercial Code (HGB).
If Hauber delivers custom-made products at the customer’s request, the customer is obligated to make a pro-rata advance payment, notwithstanding Section 7. The amount of the advance payment shall be one-third of the delivery price. Hauber reserves the right to delay delivery until the customer has fulfilled the advance payment obligation.

IV. Rights to Refuse Performance and Rights of Retention

If Hauber’s claim for payment of the purchase price is jeopardized due to the customer’s ability to pay appearing to be significantly uncertain —in particular due to the opening of insolvency proceedings or the filing of a petition to open such proceedings - Hauber is entitled, notwithstanding the above obligation to perform in advance, to refuse performance unless and until the customer separately proves its solvency and the customer agrees in text form to a simultaneous exchange of performance. If the customer fails to provide proof of solvency within a reasonable period and does not agree to the exchange of performance on a simultaneous basis, Hauber is entitled to withdraw from the contract.
The customer is entitled to set-off or retention rights only to the extent that the customer’s claim has been legally established or is undisputed and the customer’s counterclaim is based on the same contractual relationship.

V. Delivery Terms

Hauber will specify the estimated delivery time upon acceptance of the order. Should Hauber be unable to meet this specified delivery time, Hauber will inform the customer immediately and provide a new delivery time. If, for reasons beyond Hauber’s control, delivery cannot be made within this newly specified delivery period, Hauber reserves the right to withdraw from the contract in whole or in part. Any purchase price already paid by the customer will be refunded by Hauber without delay.
A prerequisite for the commencement of a delivery period is that the customer, for its part, has provided Hauber in a timely manner with all technical information and documentation necessary for the manufacture and delivery of the goods. In the event of a delay for which the customer is responsible, the delivery period shall be extended until the customer has fulfilled its obligation to cooperate.
Hauber shall not be deemed to be in default of delivery until the customer has sent Hauber a written reminder.
The place of performance for delivery and subsequent performance shall be Hauber’s registered office.
At the customer’s request, deliveries may be made with transport insurance from the factory, warehouse, or location. Shipping is at the customer’s expense and risk, even if carriage paid delivery has been agreed upon. Risk passes to the customer as soon as Hauber has handed over the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment. In the event that transport is carried out by Hauber’s own personnel, the customer’s claims against Hauber shall be limited to the extent that the customer would be entitled to such claims against a third party performing the transport.
Should the customer, for its part, be in default of acceptance, Hauber reserves the right to assert a claim for payment of the resulting additional expenses, including any storage costs. The customer is in default of acceptance if, after being notified that the goods are ready for delivery, the customer fails to accept them within 14 days or fails to provide the shipping address within this period. The statutory claims for damages due to default remain unaffected by this provision. Furthermore, in such a case, Hauber is entitled to withdraw from the contract and to claim damages in lieu of performance.

VI. Unauthorized Returns by the Customer

If the customer returns the goods without a legal basis for doing so (e.g., defects, valid withdrawal), Hauber shall accept such a return solely subject to the right to reject it at a later date and without acknowledging any legal obligation.
In this regard, the customer is advised that the provisions governing a consumer’s right of withdrawal do not apply to business customers by law.
However, in the event of a return within 14 days of delivery of the goods (immediate return) by customers with whom Hauber maintains a long-term business relationship, Hauber reserves the right to accept the goods on a case-by-case basis as a gesture of goodwill. In the event that Hauber decides to accept the return of the goods, the customer is obligated to pay 20% of the purchase price of the returned goods as a flat-rate fee for return and restocking expenses. Should the actual return and restocking expenses be significantly higher, Hauber is entitled to invoice the customer for these expenses.

VII. Retention of Title

Hauber retains title to the delivered goods until full payment of the current claims arising from the respective delivery contract. Furthermore, Hauber retains title to the delivered goods until full payment of all other claims arising from the ongoing business relationship with the customer.
The goods subject to retention of title may neither be pledged to third parties nor transferred as security. As soon as an application to open insolvency proceedings is filed, Hauber must be notified of this immediately in writing. Furthermore, Hauber must be notified in writing if there is a threat of third-party intervention, in particular through attachment, with respect to the goods subject to retention of title. To the extent that costs are incurred in connection with a third-party objection action within the meaning of § 771 of the German Code of Civil Procedure (ZPO) or its out-of-court preparation, and the third party is not financially able to settle such costs, the customer shall be liable to Hauber for the resulting damages.
The customer is granted the right to resell or process the goods subject to retention of title in the ordinary course of business.
In the event of resale, the customer assigns to Hauber the claims arising from such resale; Hauber hereby accepts this assignment as of this date.
In the event that Hauber’s goods are combined, mixed, or processed, Hauber shall be deemed the manufacturer and owner of the resulting products. Any third-party ownership rights that may arise from this process remain unaffected by this provision; however, Hauber shall then acquire co-ownership in the ratio of the invoice value of the goods invoiced by Hauber and contained in the product to the market value of the products. Clause 4 shall apply mutatis mutandis to the resulting product and any resale thereof. Furthermore, the provisions of Section 7 shall apply mutatis mutandis as of the time of resale if the value of the resulting security interests exceeds the value of Hauber’s claims.
Hauber hereby authorizes the customer to collect the claims assigned to Hauber. However, Hauber reserves the right to revoke the authorization to collect, the authority to resell, and the authority to process the goods subject to retention of title if the enforcement of the rights secured by retention of title is jeopardized.
If the realizable value of the collateral exceeds Hauber’s claims by more than 10%, Hauber shall release the excess collateral.
The customer hereby undertakes, for as long as Hauber’s retention of title remains in effect, to handle Hauber’s goods with due care and diligence. This also includes insuring the goods at the customer’s own expense against theft, fire, and water damage at replacement value, provided this is appropriate given the high value of the goods. The customer is obligated, upon request by Hauber, to provide proof of such insurance coverage.

VIII. Customer’s Warranty Claims

The customer’s claims for defects shall only exist to the extent that the customer has duly fulfilled its statutory obligations to inspect the goods and report defects. If a defect becomes apparent during delivery, inspection, or at a later date, it must be reported to Hauber in writing without delay. If the customer fails to properly inspect the goods and/or to report the defect in writing in accordance with this provision, Hauber’s liability for defects that were not reported, or were not reported in a timely or proper manner, is excluded in accordance with the statutory exclusion provisions. A notice of defect shall no longer be deemed to have been given without delay if the customer fails to notify Hauber of the defect within 21 days of its discovery.
In the event of a delivery of defective goods, Hauber shall, notwithstanding the statutory provisions, have the right to choose whether to remedy the defect by repairing the goods in question or to make a replacement delivery of defect-free goods, unless the method of subsequent performance chosen by Hauber is unreasonable for the customer in the specific case. If Hauber chooses rectification as the method of subsequent performance, the customer is obligated to surrender the defective goods for inspection and to allow the rectification to be carried out. The subsequent performance to be provided by Hauber does not include the removal of the defective goods, the installation of defect-free goods, or similar comparable services, such as performing a deinstallation or installation. The customer’s statutory claims for reimbursement of installation and removal costs remain unaffected by this provision. In the event of an unjustified request by the customer to remedy a defect, Hauber is entitled to reimbursement from the customer for the resulting costs if the customer knew or should have known that no defect actually existed.
If, contrary to the manufacturer’s specifications, assembly, installation, distribution, or maintenance instructions are not followed, modifications are made to the delivered goods, parts are replaced, or unsuitable cleaning and care products are used, the customer’s warranty rights with respect to any defect resulting therefrom are excluded, unless the customer can prove that the defect is not due to such improper conduct.
The customer’s claims for reimbursement of expenses pursuant to § 445a(1) of the German Civil Code (BGB) are excluded, unless the last contract in the supply chain is a sale of consumer goods or a consumer contract for the provision of digital products.

IX. Statute of Limitations

The general statute of limitations for claims based on material defects or defects of title is 24 months from the delivery of the goods.
For the rest, reference is made to the statutory limitation periods.

X. Limitation of Liability

Hauber is generally liable for damages only in cases of willful misconduct and gross negligence.
In cases of simple negligence, Hauber is liable, subject to statutory limitations on liability, only for damages resulting from injury to life, body, or health, or for damages resulting from a breach of a material contractual obligation. In such cases, however, Hauber’s liability is limited to compensation for foreseeable, typically occurring damages. In any event, damage shall no longer be deemed foreseeable and typically occurring if, in the individual case, it exceeds the amount of 1 million euros.
The limitations of liability set forth in paragraphs 1 and 2 also apply to breaches of duty by persons for whose fault Hauber is liable under statutory provisions, as well as to third parties acting in the interest of Hauber in connection with the contractual relationship.
4. These limitations of liability do not apply if a defect was fraudulently concealed or if Hauber provided a warranty regarding the quality of the goods. The same applies to claims by the customer under the Product Liability Act.

XI. Governing Law and Jurisdiction

Contracts concluded between Hauber and the customer are governed exclusively by German law.
If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law, or a special fund under public law, the exclusive—including international—place of jurisdiction for all disputes arising directly from the contractual relationship shall be Hauber’s place of business. The same applies if the customer is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB). In all cases, Hauber is also entitled to bring an action at the place of performance. The exclusive place of jurisdiction for all disputes arising from the legal relationships between Hauber and the customer is Hauber’s registered office, provided that the requirements of § 38 of the German Code of Civil Procedure (ZPO) are met. The same applies if the buyer is an entrepreneur within the meaning of § 14 of the German Civil Code (BGB).
This does not affect the statutory provisions regarding exclusive places of jurisdiction.

XII. Severability Clause

Should any of these provisions be or become legally invalid or unenforceable, in whole or in part, such provision shall be replaced by a provision that most closely approximates the intended economic purpose or, if no such provision is feasible, by the corresponding statutory provision. The same applies if these General Terms and Conditions contain a loophole that the contracting parties would have addressed had they been aware of it.
If and to the extent that any provision of these General Terms and Conditions is legally invalid or unenforceable, that provision shall be deemed severable from the remaining provisions and shall not affect the validity of the remaining provisions.