2018-01-01

1. Subject of the conditions, scope

The following terms and conditions apply exclusively to all deliveries from Horses Home INB®. They are an integral part of all offers from Horses Home INB® and agreements with Horses Home INB®, and in the case of an ongoing business relationship, also for all future transactions. Any conflicting terms and conditions of the customer are only valid if they are confirmed in writing by a person authorized to represent Horses Home INB®. This also applies if Horses Home INB® has not expressly objected to the conflicting terms and conditions or if the customer has not referred to conflicting terms and conditions in their order.

2. Conclusion of contract

3. • 2.1 All offers from Horses Home INB® are subject to change. Contracts are only concluded upon order confirmation or upon execution of the order by Horses Home INB®.
   • 2.2 All information regarding delivery items and services in catalogs, brochures, circulars, advertisements, illustrations, and price lists, etc., are merely descriptions, markings, or guidelines, unless otherwise stated in the order confirmation. Minor deviations from catalogs, etc., or previously delivered goods remain reserved.
   • 2.3 Any ancillary agreements or amendments to these terms and conditions must be made in writing.

3. Scope of services

The exact scope of services is stated in the order confirmation/invoice from Horses Home INB®.

4. Disruption of the basis of the transaction

• • 4.1 If circumstances have changed significantly after the conclusion of the contract or are influenced by unforeseeable events such as force majeure, in particular mobilization, war, riots, boycotts or operational disruptions, strikes and lockouts, official interventions, energy supply difficulties, difficulties in procuring materials, the production or procurement of the delivery goods, Horses Home INB® can demand the adjustment of the contract or withdraw from the contract at its discretion.
  • 4.2 The purchaser acknowledges that Horses Home INB® products are predominantly made from recycled raw materials, particularly from the collection of the Dual System Germany. In the event that the legal basis for the establishment and implementation of the Dual System Germany ceases to apply, in particular if assessment notices issued by the federal states are revoked in whole or in part, and the manufacturer, Hahn Kunststoffe GmbH, Building 1027, 55483 Hahn-Flughafen, therefore no longer has sufficient quantities of raw materials, Horses Home INB® is entitled to withdraw from the contract. The same applies if sufficient quantities of recycled PVC are no longer available on the market or are only available without additional payment.
  • 4.3 If, after conclusion of the contract, Horses Home INB®'s claim to compensation becomes at risk, Horses Home INB® may demand payment in advance or withdraw from the contract. In this case, all claims of Horses Home INB® must be met immediately and in full by the customer, regardless of agreed payment terms.
  • 4.4 If wage and/or material costs increase significantly after conclusion of the contract, Horses Home INB® may adjust the delivery price appropriately or, if the customer objects to the increase in the delivery price, withdraw from the contract.

5. Prices, payment terms, late payment, offsetting

• • 5.1 The prices stated in the order confirmation refer to the delivery of the goods ex works Hahn Kunststoffe GmbH or Horses Home INB® warehouse in Porta Westfalica, excluding packaging and transport. The purchaser shall bear, in particular, the costs for transport insurance. If the purchaser has special packaging requirements, these must be agreed upon separately and individually in writing.
  • 5.2 All prices are exclusive of VAT applicable at the time of delivery.
  • 5.3 Payment is due within 7 days, but no later than upon delivery. Horses Home INB® is entitled to charge interest at a rate of 8% above the base interest rate starting from the 31st calendar day after the due date. The right to claim higher damages for late payment remains unaffected.
    If the customer defaults on payment, even for part of an invoice, all claims of Horses Home INB® against the customer become due immediately upon the occurrence of the default. Furthermore, in the event of the customer's default, Horses Home INB® is entitled to prohibit the use of the delivered items and to repossess them at any time without waiving its claims, whereby the customer waives the objection of disturbance of possession. If Horses Home INB® asserts its retention of title or takes possession of the delivered goods, this shall only be deemed a withdrawal from the contract if Horses Home INB® expressly declares its withdrawal in writing. Costs associated with the removal of goods shall be borne by the customer. Without prejudice to the customer's payment obligation, Horses Home INB® is otherwise entitled to sell returned goods privately or by public auction. The proceeds shall be credited to the customer. If Horses Home INB® withdraws from the contract, the purchaser must compensate Horses Home INB® for any loss of value, even if not at fault, as well as for all damages, including lost profits, in addition to compensation for the use of the goods. Horses Home INB® may claim 10% of the sales price as lost profit without providing proof.
  • 5.4 Should Horses Home INB® have to take extrajudicial or legal action against the customer outside the Federal Republic of Germany to enforce the fulfillment of its contractual claims, the customer shall be responsible for all extrajudicial and legal costs, plus legal fees, that would be reimbursed under German substantive or procedural law. Customers based outside the Federal Republic of Germany accept these terms and conditions upon placing an order.
  • 5.5 The Purchaser may only offset or assert a right of retention with undisputed or legally established claims.
  • 5.6 If payment by installments has been agreed and the customer defaults on even part of an installment, the remaining amount shall become due immediately in full.

6. Delivery deadlines, delay

Delivery deadlines are always approximate and non-binding. Their commencement requires the clarification of all technical questions, the timely and complete fulfillment of the customer's obligations to cooperate, and compliance with the payment terms - also with regard to other orders. If these requirements are not met, the deadlines will be extended appropriately, but at least by the period of the delay. Horses Home INB® is not responsible for unforeseen difficulties in procuring materials, labor, means of transport and energy, tool breakage, forces beyond our control, in particular mobilization, war, riots, boycotts, strikes and lockouts. If the customer grants Horses Home INB® a reasonable grace period after the delay has occurred, they are entitled to withdraw from the contract after the expiry of the period or, if the delay is due to gross negligence or intent on the part of Horses Home INB®, to demand compensation instead of performance. Section 286 Paragraph 2 of the German Civil Code (BGB) is excluded. The customer has no further claims.

7. Delivery

• • 7.1 Deliveries are made without transport insurance ex works Hahn Kunststoffe GmbH, warehouse in Porta Westfalica, or Horses Home INB® location. The risk of transport is borne by the customer, even if delivery free to the place of dispatch has been agreed or if delivery is made using Horses Home INB®'s own vehicles. Horses Home INB® shall choose the shipping method.
  • 7.2 If the customer fails to accept the goods within 8 working days of notification that the goods are ready, or if the customer fails to notify Horses Home INB® of the shipping address within this period, or if the customer fails to call off the goods in the case of call-off orders, Horses Home INB® is entitled to demand immediate payment of its delivery claims and reasonable storage fees. Horses Home INB® is also entitled to withdraw from the contract. For call-off orders without an agreed delivery time, the goods must be accepted no later than three months after the order has been confirmed.

8. Retention of title

• • 8.1 Horses Home INB® retains title to the goods delivered to the customer until full payment of all claims arising from the business relationship between Horses Home INB® and the customer at the time of delivery or arising subsequently from the contractual relationship; in the case of payment by check or bill of exchange, until their redemption. The inclusion of individual claims in a current account, as well as the drawing of a balance and its recognition, do not affect the retention of title.
  • 8.2 The purchaser is entitled to resell the reserved goods in the normal course of business. However, they are not permitted to pledge, transfer ownership by way of security, or assign them as security. The purchaser is obligated to secure the rights of Horses Home INB® as a seller subject to retention of title when reselling reserved goods on credit. The purchaser assigns the purchaser's claims from the resale of reserved goods to Horses Home INB® in advance; Horses Home INB® accepts this assignment. Notwithstanding the assignment and the right of collection of Horses Home INB®, the purchaser is entitled to collect as long as they fulfill their obligations to Horses Home INB® and Horses Home INB®'s claim to remuneration is not jeopardized. At Horses Home INB®'s request, the purchaser must provide the information required for collection regarding the assigned claims and notify their debtors of the assignment. The purchaser shall process or work on the reserved goods for Horses Home INB® without Horses Home INB® being obligated to do so. In the event of processing, combining, mixing, or blending of reserved goods with other goods not belonging to Horses Home INB®, Horses Home INB® shall be entitled to the resulting co-ownership share in the new item in proportion to the delivery value of the reserved goods to the remaining processed goods at the time of processing, combining, mixing, or blending. If the purchaser acquires sole ownership of the new item, it is agreed with Horses Home INB® that the purchaser shall grant Horses Home INB® co-ownership of the new item in proportion to the delivery value of the processed, combined, mixed, or blended reserved goods and shall store these items free of charge for Horses Home INB®. If the reserved goods are resold together with other goods, regardless of whether they have been processed, combined, mixed or blended without or after such processing, combination, mixing or blending, the advance assignment shall be limited to the delivery value of the reserved goods.
  • 8.3 If the value of the securities exceeds the claims of Horses Home INB® by more than 20%, Horses Home INB® will, at its discretion, release securities to this extent upon request of the customer.
  • 8.4 The purchaser must immediately inform Horses Home INB® of any enforcement measures taken by third parties against the reserved goods or the claims assigned in advance and provide Horses Home INB® with the documents necessary for intervention.
  • 8.5 As soon as the Buyer ceases payments or an application for the opening of insolvency proceedings has been filed against its assets, the Buyer is obligated to immediately send the Seller a list of the remaining goods subject to retention of title, even if they have been processed, and a list of claims against third-party debtors, along with copies of invoices. The Buyer grants the Seller an irrevocable right of access to all storage facilities at any time in order to enable an inventory and, if necessary, labeling of the Seller's goods.
  • 8.6 Furthermore, the customer is obligated to adequately insure goods that are the sole or joint property of Horses Home INB® against all material risks. Proof of insurance coverage must be provided to Horses Home INB® upon request.
  • 8.7 In the event of default by the purchaser or a significant breach of duty of care and custody by the purchaser, the assertion of the retention of title by Horses Home INB® shall not be deemed to be a withdrawal from the contract, unless Horses Home INB® expressly declares withdrawal.

9. Obligation to inspect and complain

• • 9.1 The purchaser must inspect the delivered goods immediately after delivery, particularly with regard to completeness. Any shortfalls or excess quantities of more than 10% of the agreed quantity, as well as any defects, must be reported to Horses Home INB® immediately by registered letter in a comprehensible manner.
  • 9.2 Defects that cannot be detected during a proper inspection must be reported to Horses Home INB® within 7 working days of their discovery, in compliance with the above-mentioned notification requirements. In the event of a breach of the inspection and notification obligation, warranty claims for the defect in question are excluded. Section 377 of the German Commercial Code (HGB) applies in addition.
  • 9.3 Damage caused during transport must be certified on-site by the freight forwarder and resolved with the freight forwarder. Horses Home INB® assumes no liability.

10. Defects

• • 10.1 Horses Home INB® sources products made from recycled (mixed) plastics and has them manufactured on a contract basis. These materials are not pure. They contain a wide variety of plastic components and other impurities. Despite constant quality controls, the mechanical properties of the processed recyclates are subject to significant fluctuations due to the fluctuating composition of the raw material. This also applies to the varying content of foreign matter (metal inclusions, unmelted technical plastics, etc.), which can cause the individual weight and color of the products to fluctuate. The purchaser is aware of these fluctuations and expressly approves them. All of these raw material peculiarities are not considered defects. Samples and specimens available to the purchaser can therefore only be considered examples of quality.
  • 10.2 The exclusion of customary deviations requires an express written agreement. The same applies to any warranties. Minor, insignificant deviations of the delivered goods, particularly regarding dimensions and colors, from samples, catalogs, brochures, price lists, etc., or previously delivered goods are not considered defects. The purchaser is responsible for checking whether the ordered goods are suitable for the intended purpose. Unsuitable goods are only defective if Horses Home INB® has confirmed their suitability to the purchaser in writing. Wear and tear of wearing parts during normal use does not constitute a defect.
  • 10.3 Horses Home INB® is entitled to deliver excess or short quantities of up to 10% of the ordered goods.
  • 10.4 If assembly, installation, sales, user or maintenance instructions are not followed, changes are made to the delivered goods, parts are replaced or materials or cleaning or care products are used that do not comply with the Horses Home INB® specifications, claims for defects shall only exist if the purchaser provides evidence that the defect was not caused by this, but already existed at the time of transfer of risk.
  • 10.5 If newly manufactured goods have not yet been delivered to a consumer, justified and proper notices of defects oblige Horses Home INB®, at its discretion, to remedy the defects through repair or to replace the delivery item or parts of the delivery item. If subsequent deliveries or repairs fail, the customer may only demand a reduction in the price or, at its discretion, withdraw from the contract. However, the right of withdrawal and any claim for damages in lieu of performance under Section 12 of these terms and conditions only exist if the defect is not insignificant.
  • 10.6 If newly manufactured goods have already been delivered to a consumer, the purchaser is generally entitled to assert those and only those claims for defects against Horses Home INB® that his customer has asserted against him. This does not apply if the purchaser has assumed a goodwill obligation towards his customer that was not agreed upon with Horses Home INB®. The purchaser is not entitled to withdraw from the contract with Horses Home INB® if he had to take back the goods because he failed to properly fulfill his obligation to provide subsequent performance, in particular because he culpably allowed a deadline set for subsequent performance to expire.
  • 10.7 Horses Home INB® is only obligated to reimburse expenses pursuant to Section 439 Paragraph 2 of the German Civil Code (BGB) if the customer has promptly notified Horses Home INB® in writing of the consumer's request for subsequent performance, has informed Horses Home INB® of the intended type of subsequent performance and the approximate associated costs, and has not immediately objected to Horses Home INB®. The customer is obliged to consider suggestions from Horses Home INB® that represent a more favorable alternative for subsequent performance.
  • 10.8 The warranty for used goods is excluded except in the case of a guarantee, fraudulent intent or any other agreement.
  • 10.9 If Horses Home INB® breaches non-performance-related obligations pursuant to Section 241 Paragraph 2 of the German Civil Code (BGB), the customer shall only be entitled to a right of withdrawal and a claim for damages instead of performance beyond the statutory requirements if the customer has previously warned Horses Home INB® in writing and the breach of duty has nevertheless not been omitted.
  • 10.10 Claims for defects in newly manufactured goods shall expire within one year. Sections 444 and 479 of the German Civil Code (BGB) remain unaffected.
  • 10.11 If a defect cannot be identified during inspection after the Purchaser has notified the Purchaser, the Purchaser shall bear the costs of troubleshooting.

11. Limitation of liability, compensation

• • 11.1 Section 444 of the German Civil Code (BGB), claims for damages due to injury to life, body and health as well as claims under the Product Liability Act remain unaffected by the limitations of liability specified below.
  • 11.2 If Horses Home INB® has negligently breached an obligation essential for the fulfilment of the purpose of the contract, the liability shall be limited to the amount of damages typical for comparable transactions of this type, which were foreseeable at the time the contract was concluded or at the latest at the time the breach of duty occurred.
  • 11.3 Any other claims for damages are excluded.
    In particular, Horses Home INB® is not liable for damages to the delivery item itself, nor for consequential damages of any kind, nor is Horses Home INB® liable for lost profits or other financial losses of the customer.
  • 11.4 The above exclusion of liability shall not apply if Horses Home INB® or its vicarious agents are guilty of intent or gross negligence.
  • Any warranty and damage claims of the purchaser that go beyond those stated in these terms and conditions, regardless of their nature and legal basis, are excluded.
  • 11.5 The above limitations of liability shall apply equally to tort claims of the Customer.
  • 11.6 The liability of Horses Home INB®’s vicarious agents is limited in the same way.

12. Limitation period

Unless otherwise specified in these Terms and Conditions, the limitation period for claims against Horses Home INB® that are not based on intentional conduct attributable to Horses Home INB® is one year.

13. Final provisions

• • 13.1 Horses Home INB® may use third parties to fulfill its obligations.
  • 13.2 German law applies, subject to the UN Convention on Contracts for the International Sale of Goods. The contract language is German.
  • 13.3 The customer agrees that Horses Home INB® may store and process personal data and that he will not receive any notification of this in individual cases.
  • 13.4 Should any of these provisions be or become legally invalid or unenforceable in whole or in part, a provision that most closely approximates the economic purpose shall apply in place of the provision. The validity of the remaining provisions shall remain unaffected.
  • 13.5 The exclusive place of jurisdiction in relation to registered merchants and legal entities under public law or special funds under public law for all disputes arising from legal relationships between Horses Home INB® and the customer is the registered office of Horses Home INB® or, at the discretion of Horses Home INB®, the place of residence of the customer.
  • 13.6 Unless otherwise stated in the order confirmation, the place of performance shall be the registered office of Horses Home INB®.