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Terms & Conditions

In this document the following words shall have the following meanings:
 "Customer/Buyer" means any person or company who purchases Goods and Services from the
 Supplier/Seller.
 "Goods" means the articles specified in the Proforma Invoice and Purchase Order.
 "Proforma Invoice" quotation or other similar document describing the Goods and Services to be
 provided by the Supplier.
 “Purchase Order” means an official document that buyer send to seller to document the sale of
 products and services to be delivered at a late date, the seller uses POs as a way to offer buyers
 credit without risk because the buyer is legally obligated to pay for products and services when
 they've been delivered.
 "Supplier/Seller" means Firm or Company who would provide goods or services to the Customer.
 "Terms and Conditions" means the terms and conditions of supply set out in this document and any
 special terms and conditions agreed in writing by the Supplier.
 Hyphen Concord GmbH import export company is the supplier of Goods as specified in the Company’s
 Product line.
 Address of Supplier: Europa-Allee 126, 60486 Frankfurt am Main, Germany.
 Communications
 a) Methods of communication for any means of acknowledgement, update, requesting change,
 correction, or addition shall be in writing.
 b) Additional criteria regarding communications are as follows:
 All communications, requested documents, notifications, acknowledgements, certifications,
 reports shall be in English.
 Customer/Buyer Obligations
 a) To enable the Supplier to perform its obligations the Customer shall co-operate with the
 Supplier.
 b) provide the Supplier with any information reasonably required by the Supplier.
 c) obtain all necessary permissions, licenses and consents which may be required before the
 commencement of the services, the cost of which shall be the sole responsibility of the
 Customer.
 d) Comply with such other requirements as may be set out in the Proforma Invoice or otherwise
 agreed between the parties. 
 Hyphen Concord GmbH, Europa Allee 126, 60486 Frankfurt Am Main, Germany. VAT: DE331716242 HRB: 119673
 [email protected] www.hyphen-concord.com
 Supplier/Seller Obligations
 a) The Supplier warrants that the Goods will at the time of delivery correspond to the
 description given by the Supplier.
 b) The Supplier shall perform the Services with reasonable skill and care and to a reasonable
 standard in accordance with recognized standards and codes of practice.
 The Supplier accepts all responsibility for the condition of tools and equipment used in the
 performance of the Services and shall ensure that any materials supplied shall be free of
 defects.
 General
 a) These Terms and Conditions shall apply to all contracts for the supply of Goods and Services
 by the Supplier to the Customer and shall prevail over any other documentation or
 communication from the Customer.
 b) Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by
 the Supplier.
 c) Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or
 implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods
 and Services, by virtue of any statute, law, or regulation.
 d) Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a
 Consumer.
 Proforma Invoice and Purchase Order
 a) The Proforma Invoice attached to these Terms and Conditions shall remain valid for a period
 of 14 days.
 b) The Customer/Buyer shall be deemed to have accepted the Proforma Invoice by placing an
 order with the Supplier ("the Purchase Order") within the period specified.
 c) All Orders for Goods and Services shall be deemed to be acceptance of the Proforma Invoice
 pursuant to these Terms and Conditions.
 d) The Buyer reserves the right at any time to issue a written change order or amendment to
 the Purchase Order concerning any of the following:
 I. Quantity
 II. methods of shipment or packaging
 III. place of delivery
 IV. time of delivery
 Excusable Delay
 a) Fires, floods, strikes, accidents, shortages, or other causes beyond the reasonable control of
 the parties, which prevent Seller from delivering, or Buyer from receiving, any of the goods
 and services covered by this Purchase Order, shall suspend deliveries until the cause is
 removed. 
 
 Packaging and Delivery
 a) Seller shall be responsible for proper packaging, loading, and tie-down to prevent damage
 during transportation.
 b) Delivery to Buyer shall be taken as the on the date at Buyers facility (required date) as noted
 on PO or prior or delayed date as mutually agreed between both parties.
 c) The date of delivery specified by the Supplier is an estimate only.
 d) Time for delivery shall not be of the essence of the contract and the Supplier shall not be
 liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any
 delay in the delivery of the Goods.
 e) All risk in the Goods shall pass to the Customer upon delivery.
 f) Delivery Timeline depends upon the transportation whether through Air or Sea,
 postproduction of goods are complete.
 Price and Payment
 a) The price for the Goods and Services are mentioned in the Proforma Invoice and the prices
 are valid for 14 days from the date of issuance of the Proforma Invoice.
 b) Packing and forwarding expenses are additional - negotiable.
 c) Payment of the price of goods shall be made in Euro Currency as specified in the Proforma
 Invoice.
 d) Payment type can be TT/Bank Transfer/SWIFT Payment for advance payment and LC at sight
 for the remaining payment.
 e) Customer and Supplier can come to a mutual agreement of the available Payment terms
 which can be 100% Advance Payment or 70% Advance & 30% post-delivery of the goods or
 services.
 f) Customer/Buyer can avail bulk order discount (based on Product line) and additional 3%
 discount on 100% advance payment in mutually agreed payment type between both Buyer
 and Seller.
 Bank Details:
 Bank: Postbank
 Name: Hyphen Concord GmbH
 IBAN: DE53 3701 0050 0984 5835 03
 Bank sort code (BLZ): 370 100 50
 BIC/SWIFT-Code: PBNKDEFF
 Reference: please mention Order number
 Confirmation of Purchase Order
 a) Once a Purchase order is placed customer gets confirmation via electronic mail about the
 order. 
 
 Refusal of Purchase Orders/Termination of Registration
 a) Seller/Supplier may reject the acceptance of orders, if the customer/Buyer is not reachable
 via telephone or email in case of confirmation of order at [email protected]
 necessary data (Payment means, address, contact information, etc.) is/are missing.
 b) If terms and conditions are violated by the Customer or some foul play with the system is
 encountered.
 Termination of Registration
 a) The Seller/Supplier, in its sole discretion and without liability, reserves the right to terminate
 or refuse your registration or Purchase Order, if it is discovered or brought to notice that you
 do not conform to the terms and conditions, or the Seller/Supplier has reason to believe
 (including through evaluating usage patterns) that the eligibility criteria is not met/is violated
 by a Customer, or may breach the terms of this User Agreement.
 Short of supply quantity/not available
 a) If the article ordered is not available in appropriate quantity or not available at all, we as
 supplier /seller reserve right to cancel the order and return the customer’s money. In such
 cases the customer will be informed immediately about the delay or cancellation.
 b) If there are changes in article composition or deformations, which are due to the
 improvement of the technology and/or to demands of the legislation, as well as changes in
 mark or quality during the delivery time, if the changes are for a conclusive reason then
 substantially the delivery of a modified similar article is permitted.
 Cancellations and Refunds for Goods Only
 a) Where the Goods are faulty or do not comply with any of the contract, the Customer must
 notify the Supplier within 7 days of delivery and return the Goods to the supplier within 7
 days of notifying the supplier. Once the supplier has confirmed the Goods are faulty or do
 not comply with any of the contract the Customer shall be entitled to replacement Goods or
 a full refund.
 b) The Customer may cancel a Purchase Order by notifying the Supplier in writing (an email is
 an acceptable form of writing) at the address above within 14 days of placing an Order and
 any deposit paid will be refunded in full.
 c) Upon receipt of such termination notice, Seller shall promptly comply with the directions
 contained in such notice and shall, as required,
 I. take action necessary to terminate the work as provided in the notice, minimizing
 costs and liabilities for the terminated work, and
 II. continue the performance of any part of the work not terminated by Buyer.
 d) If the Customer fails to cancel the Purchase order within the time specified of 14 days from
 the issuance of the PO any deposit paid may not be returnable.
 e) If the Goods have been dispatched to the customer, then it will not be possible to cancel the
 contract. 
 f) The customer has right to return the ordered items if he or she does not like it, or if the
 article delivered is defective or broken or damaged due to handling or any other reason.
 Seller will return the cost of returned articles back to the customer after receiving the
 articles. In case of damaged or broken or any other reason customer wants to exchange the
 product, the customer has to inform Hyphen Concord UG immediately.
 Data Security
 a) The data necessary for the completion of an order is stored electronically. The customer
 hereby expresses his or her agreement.
 Warranties
 a) By accepting this Purchase Order, Seller warrants that the goods and services furnished will
 be free from defects in materials and workmanship, merchantable and in full conformity with
 Buyer’s specifications, drawings, and data, and Seller’s descriptions, promises, or samples,
 and that such goods will be fit for the Buyer’s intended use.
 b) Seller warrants that goods or services covered by this Purchase Order shall not infringe any
 patent, design, mask work, copyright or trademark, of any third party, either directly or
 contributory, where applicable, the Seller warrants that the goods covered by this Purchase
 Order are in compliance with all laws, regulations, rules, and orders relating to the
 importation of goods, the exportation of goods out of the country of origin, the transit of
 goods through intermediate countries and the sale and use or foreign made goods, Seller
 further warrants that it has obtained all permits, licenses, and certifications necessary for the
 goods to be exported out of the country of origin, imported in Germany.
 Limitation of Liability
 a) Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for
 death or personal injury, however the Supplier shall not be liable for any direct loss or
 damage suffered by the Customer howsoever caused, because of any negligence, breach of
 contract or otherwise more than the price for the Goods and Services.
 b) The Supplier shall not be liable under any circumstances to the Customer or any third party
 for any indirect or consequential loss of profit, consequential or other economic loss suffered
 by the Customer howsoever caused, because of any negligence, breach of contract,
 misrepresentation or otherwise.
 Disputes
 a) Any dispute that arises under or it related to this purchase order that cannot be settled by
 mutual agreement of the parties may be decided by a court of competent jurisdiction, and
 the parties agree to and consent to Jurisdiction.
 b) Area of jurisdiction is Frankfurt or another legal area of jurisdiction as per choice of "Hyphen
 Concord GmbH", as far as the customer is a buyer in the sense of the commercial code or a body
 of the public right. "Hyphen Concord GmbH Europa-Allee