Terms & Conditions
Last updated: 12 December 2025
1. Scope and Applicability
These Terms & Conditions (“T&C”) apply to all quotations, offers, sales, and deliveries made by HD Mining Parts GmbH & Co. KG (“Seller”) to business customers (“Buyer”). All transactions are conducted exclusively on a B2B basis pursuant to § 14 BGB.
Conflicting or deviating terms of the Buyer shall not apply unless expressly accepted in writing by the Seller.
2. Definitions
- Goods: Spare parts, components, and related industrial products supplied by the Seller.
- Buyer: Any business entity purchasing Goods for commercial use.
- Contract: A binding agreement formed after written order confirmation by the Seller.
- Incoterms: Incoterms® 2020 published by the ICC.
3. Offers and Contract Formation
All offers and quotations issued by the Seller are non-binding and subject to change unless explicitly stated otherwise. A Contract is formed only after the Seller’s written order confirmation or shipment of the Goods.
Technical data, dimensions, drawings, and compatibility information are provided for general guidance only and do not constitute guaranteed characteristics unless explicitly confirmed in writing.
4. Prices and Payment Terms
All prices are net, exclusive of VAT, duties, freight, and insurance unless agreed otherwise.
- Payment terms apply as stated in the invoice.
- The Seller may require prepayment from new or international customers.
- Bank charges and transfer fees are borne by the Buyer.
- The Seller reserves the right to correct obvious pricing or typographical errors.
5. Delivery, Shipping, and Transfer of Risk
Unless otherwise agreed in writing, all deliveries are made EXW (Incoterms® 2020).
Risk transfers to the Buyer upon handover of the Goods to the carrier, or upon availability for collection by the Buyer.
Any delivery dates are non-binding unless expressly confirmed as binding. The Seller is not liable for delays caused by logistics providers or customs authorities.
6. Retention of Title
Title to the Goods remains with the Seller until full payment has been received (§ 449 BGB). The Buyer shall not pledge or transfer ownership of the Goods as collateral until payment is made in full.
7. Product Information & OEM Reference Disclaimer
OEM (Original Equipment Manufacturer) part numbers and brand references are used for comparison and identification purposes only. The Seller is not affiliated with Komatsu, Caterpillar, Hitachi, or any other OEM brands.
It is the Buyer’s sole responsibility to verify compatibility of the Goods with their machinery. The Seller does not assume liability for incorrect selection or application of parts.
8. Buyer Responsibilities
- Provide accurate part numbers, drawings, and technical specifications.
- Ensure compatibility with the intended machine model.
- Arrange import duties, customs clearance, and compliance with local regulations.
- Ensure appropriate storage and handling of Goods after delivery.
9. Inspection and Notice of Defects
The Buyer must inspect the Goods immediately upon receipt.
- Visible defects must be reported in writing without undue delay, no later than 5 business days.
- Hidden defects must be reported immediately after discovery.
- Failure to comply with § 377 HGB results in the Goods being deemed accepted.
10. Warranty
The warranty period for the Goods is 12 months from the transfer of risk in accordance with the agreed Incoterms® 2020, unless otherwise agreed in writing. Normal wear-and-tear, improper use, incorrect installation, or modifications are excluded from warranty coverage.
In the event of a justified warranty claim, the Seller shall, at its sole discretion:
- repair the defective Goods,
- replace the defective Goods, or
- issue an appropriate credit note.
Further claims, in particular claims for dismantling costs, reinstallation costs, transport costs, or consequential damages, are excluded to the extent permitted by law.
Warranty claims do not extend or renew the original warranty period.
11. Liability Limitations
The Seller is liable only in cases of intent or gross negligence. Liability for indirect, consequential, or financial losses — including downtime, loss of production, loss of profit, or third-party claims — is excluded to the maximum extent permitted by law.
The Seller is not liable for:
- misapplication or incorrect installation of parts,
- damage resulting from improper handling or modification,
- defects caused by external factors beyond Seller’s control.
12. Returns & RMA Procedure
Returns require prior written approval from the Seller.
- Goods must be unused and in original packaging.
- Custom-made or specially sourced items are non-returnable.
- Return shipping costs are borne by the Buyer.
13. Export Control & Compliance
The Buyer is responsible for compliance with all applicable import regulations, customs requirements, sanctions regimes, and local legal requirements in the country of destination.
The Seller shall comply with applicable German and European export control regulations. The Seller reserves the right to refuse delivery, suspend performance, or terminate the Contract if required export licenses cannot be obtained or if legal compliance cannot be ensured.
14. Force Majeure
The Seller is not liable for delays or non-performance due to circumstances beyond its reasonable control, including natural disasters, war, strikes, supply chain disruptions, or government actions.
15. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Exclusive jurisdiction for all disputes arising from the business relationship is:
Hamburg, Germany (if legally permissible).
16. Contact
HD Mining Parts GmbH & Co. KG
Fritz-Reuter-Str. 12, 25451 Quickborn, Germany
1. Scope and Applicability
These Terms & Conditions (“T&C”) apply to all quotations, offers, sales, and deliveries made by HD Mining Parts GmbH & Co. KG (“Seller”) to business customers (“Buyer”). All transactions are conducted exclusively on a B2B basis pursuant to § 14 BGB.
Conflicting or deviating terms of the Buyer shall not apply unless expressly accepted in writing by the Seller.
2. Definitions
- Goods: Spare parts, components, and related industrial products supplied by the Seller.
- Buyer: Any business entity purchasing Goods for commercial use.
- Contract: A binding agreement formed after written order confirmation by the Seller.
- Incoterms: Incoterms® 2020 published by the ICC.
3. Offers and Contract Formation
All offers and quotations issued by the Seller are non-binding and subject to change unless explicitly stated otherwise. A Contract is formed only after the Seller’s written order confirmation or shipment of the Goods.
Technical data, dimensions, drawings, and compatibility information are provided for general guidance only and do not constitute guaranteed characteristics unless explicitly confirmed in writing.
4. Prices and Payment Terms
All prices are net, exclusive of VAT, duties, freight, and insurance unless agreed otherwise.
- Payment terms apply as stated in the invoice.
- The Seller may require prepayment from new or international customers.
- Bank charges and transfer fees are borne by the Buyer.
- The Seller reserves the right to correct obvious pricing or typographical errors.
5. Delivery, Shipping, and Transfer of Risk
Unless otherwise agreed in writing, all deliveries are made EXW (Incoterms® 2020).
Risk transfers to the Buyer upon handover of the Goods to the carrier, or upon availability for collection by the Buyer.
Any delivery dates are non-binding unless expressly confirmed as binding. The Seller is not liable for delays caused by logistics providers or customs authorities.
6. Retention of Title
Title to the Goods remains with the Seller until full payment has been received (§ 449 BGB). The Buyer shall not pledge or transfer ownership of the Goods as collateral until payment is made in full.
7. Product Information & OEM Reference Disclaimer
OEM (Original Equipment Manufacturer) part numbers and brand references are used for comparison and identification purposes only. The Seller is not affiliated with Komatsu, Caterpillar, Hitachi, or any other OEM brands.
It is the Buyer’s sole responsibility to verify compatibility of the Goods with their machinery. The Seller does not assume liability for incorrect selection or application of parts.
8. Buyer Responsibilities
- Provide accurate part numbers, drawings, and technical specifications.
- Ensure compatibility with the intended machine model.
- Arrange import duties, customs clearance, and compliance with local regulations.
- Ensure appropriate storage and handling of Goods after delivery.
9. Inspection and Notice of Defects
The Buyer must inspect the Goods immediately upon receipt.
- Visible defects must be reported in writing without undue delay, no later than 5 business days.
- Hidden defects must be reported immediately after discovery.
- Failure to comply with § 377 HGB results in the Goods being deemed accepted.
10. Warranty
The warranty period for the Goods is 12 months from the transfer of risk in accordance with the agreed Incoterms® 2020, unless otherwise agreed in writing. Normal wear-and-tear, improper use, incorrect installation, or modifications are excluded from warranty coverage.
In the event of a justified warranty claim, the Seller shall, at its sole discretion:
- repair the defective Goods,
- replace the defective Goods, or
- issue an appropriate credit note.
Further claims, in particular claims for dismantling costs, reinstallation costs, transport costs, or consequential damages, are excluded to the extent permitted by law.
Warranty claims do not extend or renew the original warranty period.
11. Liability Limitations
The Seller is liable only in cases of intent or gross negligence. Liability for indirect, consequential, or financial losses — including downtime, loss of production, loss of profit, or third-party claims — is excluded to the maximum extent permitted by law.
The Seller is not liable for:
- misapplication or incorrect installation of parts,
- damage resulting from improper handling or modification,
- defects caused by external factors beyond Seller’s control.
12. Returns & RMA Procedure
Returns require prior written approval from the Seller.
- Goods must be unused and in original packaging.
- Custom-made or specially sourced items are non-returnable.
- Return shipping costs are borne by the Buyer.
13. Export Control & Compliance
The Buyer is responsible for compliance with all applicable import regulations, customs requirements, sanctions regimes, and local legal requirements in the country of destination.
The Seller shall comply with applicable German and European export control regulations. The Seller reserves the right to refuse delivery, suspend performance, or terminate the Contract if required export licenses cannot be obtained or if legal compliance cannot be ensured.
14. Force Majeure
The Seller is not liable for delays or non-performance due to circumstances beyond its reasonable control, including natural disasters, war, strikes, supply chain disruptions, or government actions.
15. Governing Law and Jurisdiction
These Terms & Conditions are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Exclusive jurisdiction for all disputes arising from the business relationship is:
Hamburg, Germany (if legally permissible).
16. Contact
HD Mining Parts GmbH & Co. KG
Fritz-Reuter-Str. 12, 25451 Quickborn, Germany