Terms and conditions
§ 1 - Validity of the conditions
The deliveries, services and offers of the entrepreneur are made exclusively on the basis of these terms and conditions, counter-confirmations by the customer with reference to his business or purchasing conditions are hereby rejected.
§ 2 - Offers and conclusion of contract
1. Offers contained in brochures, advertisements, etc. are subject to change and non-binding, also with regard to prices. The entrepreneur is bound to specially prepared offers for 30 calendar days from the date of the offer.
2. Subsidiary talks, changes, additions and / or other deviations from the present terms and conditions are only valid if the entrepreneur has given his consent. Such agreements must be made in writing.
3. Information in offers and / or order confirmations from the entrepreneur that are based on an obvious mistake, namely a typing or calculation error, do not oblige the entrepreneur. Rather, the obviously intended explanation applies.
4. The offer documents, drawings, descriptions, samples and cost estimates of the entrepreneur may not be passed on, published, reproduced or otherwise made accessible to third parties without his approval. Upon request, the documents must be returned without withholding copies.
§ 3 - Prices, price changes
1. Unless otherwise agreed, the prices apply ex works including loading in the works, but excluding packaging and unloading. The statutory value added tax is added to the prices.
2. If there are more than six months between the conclusion of the contract and the agreed and / or actual delivery date, the prices of the entrepreneur valid at the time of delivery or provision apply; If the last-mentioned prices exceed the initially agreed prices by more than 10%, the customer is entitled to withdraw from the contract.
§ 4 - delivery times
1. Delivery dates or deadlines, which can be agreed as binding or non-binding, must be in writing. It is only binding if the entrepreneur has made a declaration to this effect.
2. The entrepreneur is only responsible for delays and / or the impossibility of his deliveries and services if he, his legal representatives or vicarious agents have caused the impediment to performance intentionally or through gross negligence. This principle applies in particular in the event of force majeure, strikes, lockouts, official orders, etc., even if the obstacles affect the company's suppliers or their sub-suppliers. Correspondingly, the correct and timely delivery to the entrepreneur is reserved. The duration of a grace period to be set by the customer in the event of a delay in performance according to the statutory provisions is set at two weeks, which begins with the receipt of the grace period by the entrepreneur.
§ 5 - Shipping and passing of risk
1. The risk passes to the purchaser as soon as the shipment has been handed over to the person carrying out the transport or has left the company's works for the purpose of shipment. If the dispatch is delayed or not carried out at the request of the customer, the risk is transferred to him when the readiness for dispatch is reported.
2. At the request of the customer, deliveries will be insured in his name and on his account.
§ 6 - Warranty
1. If the service provided by the entrepreneur or the delivery item is defective and / or warranted properties are missing and / or if there is damage due to manufacturing or material defects within the warranty period, the entrepreneur may choose, excluding any other warranty claims of the customer Deliver a replacement or repair it. Multiple repairs - usually two - are permitted within a reasonable period.
2. The warranty obligation begins on the date of delivery or acceptance and is one year, unless a longer warranty period is required by law.
3. Obvious defects in work performance can no longer be asserted after acceptance. Otherwise, in order to maintain the customer's warranty claims, such defects must be reported to the entrepreneur in writing immediately, but no later than two weeks after delivery. The defective items are to be kept ready for inspection by the entrepreneur in the condition in which they were at the time the defect was discovered.
4. Insignificant, reasonable deviations in the dimensions and designs - in particular in the case of repeat orders - do not entitle to complaints unless absolute compliance has been expressly agreed. Technical improvements and necessary technical changes are also deemed to be in accordance with the contract, provided they do not represent a deterioration in usability.
5. If the company's operating or maintenance instructions are not followed, changes are made to the products, parts are exchanged or consumables are used that do not correspond to the original specifications, then any warranty is void if the purchaser makes a correspondingly subordinated assertion that only one of these circumstances caused the defect has brought about, not refuted.
6. Liability for normal wear and tear is excluded.
7. If the repair or the replacement delivery fails after a reasonable period of time, the purchaser can, at his option, request a reduction in the price or cancellation of the contract.
8. The above provisions of this paragraph do not apply to the sale of already used items. For consumers, a warranty period of one year applies. Used items are delivered to companies without any warranty.
9. If the entrepreneur is available to the customer beyond his legal obligations to provide information regarding the use of his product, he is only liable according to § 7 if a special fee has been agreed for this.
§ 7 - Limitation of Liability
Claims for damages from positive breach of contract, from negligence when concluding the contract and from tort, which are not based on the breach of a contractual main performance obligation by the entrepreneur, are excluded against both the entrepreneur and his vicarious agents, unless the damage is intentional or was caused by gross negligence. This does not apply to claims for damages from assurances of characteristics, which are intended to protect the customer against the risk of consequential damage. Claims for damages according to the law on liability for defective products (PrdHG) remain unaffected, as does liability for damage to life, body or health.
§ 8 - Retention of title
1. Until all claims to which the entrepreneur is entitled against the customer for any legal reason have been met, the entrepreneur reserves ownership of the items supplied. (Reserved items)
2. The customer is obliged to notify the entrepreneur immediately in writing of any attachment of the reserved items and to inform the pledgee of the reservation of title. The customer is not entitled to sell, give away, pledge or transfer as security the items delivered to him under retention of title - except in the cases of the following paragraphs.
3. If the delivery is made for a business area maintained by the customer, the items may be resold within the framework of proper business management. In this case, the purchaser's claims against the customer from the sale are already assigned to the entrepreneur. If the items are resold on credit, the customer must retain ownership of the goods in relation to his customer. The purchaser hereby assigns the rights and claims from this reservation of title to the customer to the entrepreneur.
4. Any treatment or processing of the reserved items by the customer will be carried out free of charge for the entrepreneur. When processing, combining, mixing or blending the reserved items with other goods that do not belong to the entrepreneur, the entrepreneur has the resulting co-ownership share in the new item in the ratio of the factor value of the reserved items to the other processed goods at the time of processing, combining, mixing or Mingling too. If the purchaser acquires sole ownership of a new item, the contractual partners agree that the purchaser shall grant the entrepreneur co-ownership of the new item in proportion to the factor value of the processed or connected, mixed or blended reserved items and this free of charge for the supplier kept. If the reserved items are resold together with other goods, irrespective of whether they have been processed, combined, mixed or blended with or after processing, the advance assignment agreed in Section 3 above only applies to the amount of the factor value of the reserved items, which are combined with other goods has been resold.
5. If reserved items are built into the property of a third party by the purchaser or on his behalf as an essential component, the purchaser already now applies against the third party or the person concerned, any claims arising from remuneration with all ancillary rights, including the granting of a Security mortgage to the entrepreneur.
6. If reserved items are built into the property of the customer as essential components, the customer already now assigns the claims arising from the sale of the property or property rights with all ancillary rights to the entrepreneur. 7. If the value of the securities existing for the entrepreneur according to the above provisions exceeds the value of the claims of the entrepreneur by more than 20%, the entrepreneur is obliged to release securities of his choice at the request of the customer. 8. If the customer does not fulfill his obligations towards the entrepreneur or not punctually and / or if he interferes in an impermissible manner with the items delivered under retention of title, the entrepreneur can, without prejudice to his right to fulfillment of the contract, demand the items back, provided that one of the The reasonable deadline set by the customer to fulfill his obligations has passed without success. If the customer has fulfilled the contract, the entrepreneur must return the items. The above regulation does not apply to installment transactions that are subject to the Consumer Credit Protection Act.
§ 9 - Payment
1. Unless otherwise agreed, the entrepreneur's invoices are payable without deduction after the invoice has been issued.
2. For deliveries with a total value of less than € 2000,00, the entrepreneur delivers cash on delivery plus freight and packaging.
3. The entrepreneur expressly reserves the right to reject checks or bills of exchange. The acceptance takes place only on account of performance. Discount and bill charges to be borne by the customer and are due immediately.
4. If the entrepreneur becomes aware of circumstances which question the creditworthiness of the purchaser, in particular if the purchaser fails to cash a check or suspends his payments, the entrepreneur is entitled to make the entire remaining debt due, even if he has accepted checks. In this case, the entrepreneur is also entitled to demand advance payments or security deposits.
5. If the customer finally suspends his payments and / or if insolvency proceedings are applied for over his assets, the entrepreneur is also entitled to withdraw from the part of the contract that has not yet been fulfilled.
6. The entrepreneur is entitled to offset payments against his older debts, in spite of the customer's different provisions. The entrepreneur will inform the customer about this type of offsetting. If costs and interest have already arisen, the entrepreneur is entitled to offset the payment first against the costs, then against the interest and finally against the main service.
7. If the customer defaults on payment, the entrepreneur is entitled to charge the respective statutory default interest. The right to assert further damage caused by delay of the entrepreneur remains reserved. In the aforementioned cases, the customer is free to prove that the damage was lower, which is then decisive.
8. Offsetting on the part of the customer is excluded, unless the counterclaims are legally established or not disputed by the entrepreneur.
§ 10 - Applicable law, place of jurisdiction, partial invalidity
1. The law of the Federal Republic of Germany applies to these terms and conditions and all legal relationships between the entrepreneur and the customer, with the exception of the CSIG and the UN sales law.
2. If the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the place of business of the entrepreneur is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
3. Should a provision in these terms and conditions be or become ineffective, this shall not affect the effectiveness of all other provisions and agreements between the company and the customer.
MELCHIOR MASCHINEN E.K.
Am Handweisergraben 11
D-37120 Bovenden / GERMANY