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
contact@hyphen-concord.com 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 contact@hyphen-concord.com
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 