General Terms and Conditions

(Status: 20 June 2022)

1. Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Motorenfabrik Hatz GmbH & Co. KG (hereinafter referred to as "seller") apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "customer") concludes with the seller pertaining to the goods presented by the seller in its online shop. The inclusion of the customer's own conditions is rejected herewith, unless otherwise agreed upon.

1.2 Consumers within the meaning of these GTC are any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to the person's commercial nor self-employed professional activity. Entrepreneurs within the meaning of these GTC are any natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity.

2. Conclusion of contract

2.1 The product descriptions found in the seller’s online shop do not represent binding offers on the part of the seller but serve to facilitate the submission of a binding offer by the customer.

2.2 The customer can submit the offer using the online order form contained in the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button completing the ordering process. Confirmation of receipt (order receipt confirmation) of the order is provided by email immediately after the order is sent.

2.3 The order receipt confirmation does not yet constitute the acceptance of the contract offer. A contract of sale is not concluded until the seller or carrier confirms the dispatch of goods in a written message (dispatch confirmation).

2.4 The goods can be shipped to the delivery countries listed on the "Payment and shipping" page in the Online Shop.

2.5 When a payment method offered by PayPal is selected, payment is handled by the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (referred to hereinafter as "PayPal") in accordance with the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full,
or, if the customer does not have a PayPal account, in accordance with the conditions of payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the customer pays using a payment method offered by PayPal that is selectable in the online ordering process, the seller hereby declares acceptance of the customer’s offer at the point in time at which the customer clicks the button completing the order process.

2.6 When submitting an offer via the seller’s online order form, the text of the contract is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g. by email, fax or letter) after dispatch of the customer’s order. The seller will not make the contract text accessible to a greater extent than this. If the customer sets up a user account in the seller’s online shop before sending the order, the order data will be archived on the seller’s website and can be viewed by the customer free of charge via their password-protected user account by providing the corresponding login data.

2.7 Before submitting a binding order using the seller's online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. A useful technical feature for easier identification of input errors is the browser’s zoom function, which enlarges the display on the screen. In the course of the electronic ordering process, customers can correct entries using the usual keyboard and mouse functions until the customer clicks on the button completing the ordering process.

2.8 The contract can be concluded in English, French or German.

2.9 Order processing and establishment of contact usually take place by email and via automated order processing. The customer must ensure that the email address provided for order processing is correct so that emails sent by the seller arrive at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller, or by third parties commissioned by the seller to process the order, can be delivered.

2.10 Any information provided by the seller on the delivery dates of the goods are approximations only. Shipments requiring approval (e.g. due to embargo/sanction lists, shipment to non-EU countries) may not comply with the specified delivery times.

3. Right of revocation

3.1 In general, consumers are entitled to a right of revocation.

3.2 More information on the right of revocation can be found in the seller’s revocation policy.

3.3 The right of revocation does not exist for consumers who did not belong to a member state of the European Union at the time the contract was concluded and whose sole place of residence and shipping address were outside of the European Union at the time the contract was concluded.

4. Prices and terms of payment

4.1 Unless otherwise specified in the seller's product description, the prices are gross prices incl. 19% VAT and net prices. After the delivery country is specified by the customer (via the customer account or by inputting order data) and if a VAT number is not available, the prices contain the VAT of the specified country. Any additional delivery and shipping costs are stated separately in the respective product description. If the goods are shipped to a foreign country that is not in the EU, additional taxes or costs (customs) may arise for the order that are not charged or invoiced by the seller but must be paid to the customs or tax authorities directly by the customer.

4.2 The payment option(s) are communicated to the customer in the seller’s online shop.

4.3 If the "SOFORT" payment type is selected, payment is handled by the service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). To be able to pay the invoiced amount via "SOFORT", the customer must have an online bank account that has been approved for participation in "SOFORT", must legitimize themselves during the payment procedure, and must confirm the payment order for "SOFORT". The payment transaction is executed immediately thereafter by "SOFORT" and withdrawn from the customer's bank account. More information on the "SOFORT" payment method is available to the customer on the Internet at https://www.klarna.com/sofort/.

4.4 If the credit card payment method is selected, the invoiced amount becomes payable as soon as the contract is concluded. Credit card payments are handled in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, whom the seller authorizes to collect receivables on its behalf. BS PAYONE GmbH collects the invoiced amount from the customer's specified credit card account. The credit card is charged immediately after the customer order is sent in the online shop. Even if the credit card payment method via BS PAYONE GmbH is selected, the seller still remains responsible for general customer questions, for example concerning the goods, delivery times, shipment, returns, complaints, revocation declarations and shipments, and credit vouchers.

4.5 If the customer is acting as an entrepreneur, the customer shall only be entitled to set off such claims which are undisputed or have been legally established and which are based on the same contractual relationship.

5. Delivery and shipping conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer.

5.2 If delivery of the goods is not possible for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the shipment to the customer if the customer exercises the right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the carrier, the forwarding agent or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer or a person authorized to accept the goods when the goods are handed over. Notwithstanding the foregoing provision, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the carrier, forwarding agent or any other person or institution designated to carry out the shipment, if the customer has commissioned the carrier, forwarding agent or any other person or institution designated to carry out the shipment and the seller has not previously named such person or institution to the customer.

5.4 The seller reserves the right to revoke the contract in case of incorrect or improper delivery by the seller's own supplier. This only applies if the non-delivery is not attributable to the seller and the seller exercised due diligence in concluding a specific covering transaction with the supplier. The seller will make every reasonable effort to procure the goods. In the event that the goods are not available or only partially available, the customer will be informed without delay and the consideration will be refunded promptly.

5.5 Self-pickup is not possible for logistical reasons.

6. Retention of title

6.1 With respect to consumers, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

6.2 With respect to entrepreneurs, the seller retains title to the delivered goods until all claims from an ongoing business relationship have been settled in full.

6.3 If the customer is acting as an entrepreneur, the customer is entitled to resell the goods subject to the reservation of title in the ordinary course of business. The customer shall assign all claims resulting from this against third parties to the seller in advance in the amount of the respective invoiced amount (including VAT). This shall apply regardless of whether the goods subject to reservation of title were sold with or without further processing. The customer remains entitled to collect the claims even after assignment. The authority of the seller to collect the claims remains unaffected by this. However, the seller will not collect the claims as long as the customer meets customer's payment obligations toward the seller, is not in default of payment and no application has been filed for the opening of insolvency proceedings.

7. Liability for defects (warranty)

If the purchased item is defective, the provisions of statutory liability for defects shall apply. Notwithstanding these provisions, the following applies:

7.1 If the customer is acting as an entrepreneur,

a) The seller is entitled to choose the type of supplementary performance;

b) The limitation period for defects in new goods is one year from delivery of the goods;

c) The rights and claims relating to defects are generally excluded for used goods;

d) The limitation period does not begin anew when a replacement delivery is made in the context of defect liability.

7.2 If the customer is acting as a consumer, the following applies for used goods, with the exception of the following clause: claims for defects are excluded if the defect does not occur until after one year has elapsed from the delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory period of limitations.

7.3 The limitations of liability and shortening of time limits set out in the preceding clauses do not apply

a) To items that were used according to their customary use for a building and that caused the building to be defective

b) To claims for damages and reimbursement of expenses by the customer, and

c) In the event that the seller has fraudulently concealed the defect.

7.4 In addition, the statutory periods of limitation for the right of recourse pursuant to § 445b BGB (German Civil Code) remain in effect for entrepreneurs.

7.5 If the customer is acting as a merchant within the meaning of § 1 HGB (German Commercial Code), the customer is subject to the commercial obligation to inspect the goods and to give notice of defects pursuant to § 377 HGB. If the customer fails to abide by the notification obligations stipulated therein, the goods shall be deemed to have been approved.

7.6 If the customer is acting as a consumer, the customer is requested to file a claim for any obvious transport damage with the carrier making the delivery and to notify the seller of this. If the customer fails to do so, this shall have no effect on the customer's statutory or contractual claims for defects.

8. Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1 The seller has unlimited liability for any legal grounds

a) In the event of intent or gross negligence

b) In the event of intentional or negligent injury to life, limb or health

c) On account of a warranty promise, provided there have been no other agreements in this regard

d) On the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the preceding clause. Material contractual obligations are obligations within the meaning of the contract that the contract imposes on the seller in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose observance the customer may regularly rely.

8.3 Apart from this, liability of the seller is excluded.

8.4 The above liability provisions shall also apply with regard to the seller's liability for its vicarious agents and legal representatives.

9. Applicable law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has habitual residence.

10. Jurisdiction

If the customer is acting as a merchant, a legal person under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller shall be entitled under all circumstances to bring the matter before the court at the customer's place of business.

11. Alternative dispute resolution

11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12.  EasyClean² (Status: 01 March 2021)

12.1 Contractual provisions

The customer, insofar as the registered office and place of delivery are in Europe, commissions Motorenfabrik Hatz GmbH & Co. KG (hereinafter referred to as "Hatz") with the performance of the following services in accordance with the following conditions:

a) Variant: cleaning of the diesel oxidation catalyst (DOC)/cleaning of the diesel particulate filter (DPF)

The customer shall remove and package the DOC/DPF in accordance with the installation and packaging instructions provided. Hatz shall clean the DOC/DPF shipped by the customer under DAP terms to Hatz Hamburg (Incoterms 2020), in accordance with the manufacturer-specific instructions, by gently removing oil, soot and ash deposits. The removal of sensors or other add-on parts that are required to prepare the DOC/DPF for cleaning are not part of the cleaning service. After cleaning, Hatz shall ship the DOC/DPF back to the customer under CPT terms to the customer address (Incoterms 2020).

b) Variant: Replacement with a cleaned diesel oxidation catalyst (DOC)/diesel particulate filter (DPF)

The customer shall receive, as a replacement for its DOC/DPF, an identical DOC/DPF from Hatz of the same engine series that has been cleaned in accordance with the HATZ process. For this purpose, Hatz shall ship a replacement DOC/DPF to the customer under CPT terms to the customer address (Incoterms 2020). Within 6 weeks after receiving the replacement DOC/DPF, the customer shall properly package its DOC/DPF according to the packaging instructions provided and ship it to Hatz using the supplied UPS return label. For shipment, the customer shall use the packaging Hatz used for sending the replacement DOC/DPF.

c) Quality control

The DOC/DPF sent in by the customer with clearly legible type plates is subjected to an incoming inspection. In addition to a visual inspection for externally visible damage (especially damage from removal, oil contamination, damage from moisture or liquids, mechanical damage to the ceramic surface, damage to the sealing surfaces of the sensors, housing damage, presence of soot at the output or outlet side, identifiable attempts at self-cleaning), a compressed air resistance measurement is made to identify any damage on the basis of the measured values. If the sent-in filter is damaged or if it is not possible to clean the DOC/DPF again (if the expected maximum filter service life of four cleanings has been reached), Hatz shall inform the customer of this without delay. In this case, Hatz may:

1. In the event of a cleaning order, refuse to perform the commissioned cleaning of a cleaning order and return the DOC/DPF to the customer uncleaned for a flat-rate fee of EUR 150.00 net, which can be deducted from the total amount paid (plus VAT), or

2. In the event of a replacement order, permanently keep the safety deposit. On request, the DOC/DPF sent in by the customer can be sent back to the customer against a flat-rate fee of EUR 150.00 net; otherwise, it shall be disposed of by Hatz.

3. In both cases, the customer shall track the number of cleanings already performed and thus determine whether the maximum service life has been reached. Hatz shall not take into consideration any earlier commissions for cleaning.

d) Warranty

Deficiencies involving cleaning work that are demonstrably attributable to faulty work shall be rectified by Hatz at its discretion. Defect claims expire one year after the cleaned DOC/DPF is shipped back or after the replacement DOC/DPF has been delivered.

e) Applicability of the Hatz service conditions

The aforementioned conditions are expressly supplemented by the Hatz service conditions (www.hatz-diesel.de/agb), which hereby become an integral part of the contractual terms and conditions.

This contract and future deliveries and services are subject to the express reservation that fulfillment of the contract is not hindered by obstacles due to national or international export control regulations, embargoes or other restrictions.

12.2 Packaging recommendation

When shipping the Hatz DOC/DPF to be replaced, please observe the following packaging recommendations to prevent damage and complications during transport:

Carton type: quality grade 2.0002 BC (very stable)

Carton size: 620x260x310

Dust bag: DPF must be packaged in a bag to prevent soot from dispersing. Ideally, use the original Hatz dust bag; alternatively, however, a sufficiently sturdy trash bag can also be used.

Padding: The DPF must be protected against jostling in the package by sufficiently stable material using appropriate corrugated cardboard padding.