|
MasCom Technologies GmbH - T&C
The General Terms and Conditions of Supply of MasCom Technologies GmbH
(the supplier) form an integral part of any contracts
for supply and other
performances
concluded with its
contracting partners (the customer).
We do
not accept
any terms and
conditions on the part of the customer which deviate
from
these.
I. Scope of
delivery and performance
1.
The scope of delivery
and performance derive from the
mutual declarations
made
in writing
by supplier and customer. If a contract has been concluded,
without such mutual declarations having been written down,
then either the written
confirmation
of order from the
supplier or, if one has not been issued,
the
written order
of the customer is
definitive.
2. Offers are without
engagement Documents associated with the offer, such as
pictures, drawings and data on weights, are authoritative
to a limited extent
unless expressly
designated as
binding. The supplier reserves unlimited
rights
of
ownership and exploitation
of copyright in respect of cost estimates, drawings
and
other documents; these may only be made accessible to
third parties with
the prior consent
of the supplier.
Drawings and other documents attached to
offers must be
returned to the
supplier on request if the order is not granted.
3.Side
agreements must be in writing to obtain
effect.
4.Special agreements have
precedence over these
General Terms and Conditions;
this applies in particular
to
delivery items involving complex technology and
to new
product developments. In the case of special agreements,
these General
Terms and Conditions remain applicable,
provided that no
contradiction
ensues.
II.
Prices
We always try to keep the prices in our online shop up-to-date. Nevertheless, they are subject to change if our vendor does increase their prices.
If that happens, we will inform you before processing your order.
1. Prices are quoted ex
works, exclusive of
packing and insurance.
2. Within Germany and the EU we have a minimum order value of 20 Euro. Outside of the EU the minimum order value is 100 Euro.
Orders below the minimum order value are subject to an additional fee (difference to the minimum order value).
3. For
payment by credit card a fee of 3% will added
to the total
amount due.
4. The customer shall bear all
taxes, duties, fees as well as import and export
levies
that arise.
5. The customer shall bear the costs for
delivery and installation of the equipment
by MasCom, and
for the instruction
of operators. The costs for such services
are invoiced in
accordance with our price list for
services.
III.
Retention
of title
The goods
shall remain the property of the
supplier until full
settlement of
all claims against the
customer arising from the business relationship. The
customer is prohibited from pledging the goods or
transferring ownership of
them as
collateral prior to full
settlement, and resale is only
permitted to
resellers in
their
normal business operations under the proviso that the reseller
receives payment from his customers.
IV. Terms of
payment
1. Payments shall be
made in Euro without
deductions to the paying agent of
the supplier.
2. Payments must be
made within 30 days, free
of deductions, unless expressly
agreed otherwise. In the
case of
partial deliveries, the entire invoice amount
for
the partial delivery must be paid without deductions
within 30 days.
3. If payment is not made within the
specified
term, we are entitled to charge
a collection fee as from
the first
reminder, and subsequently to charge interest
to
the amount of the bank interest incurred by ourselves, and
to withhold any
further deliveries until receipt of
payment.
4. The customer may not set-off payments
against counter-claims unless the latter
are undisputed or
have been
determined as final and absolute by a court of
law.
V. Term of delivery
and performance
1. The mutual
written declarations
are definitive for the term of
delivery and
performance.
Article 1
(1) sentence 2 shall apply accordingly. Compliance with
the term of delivery is conditional on timely receipt of
all items to be provided
by the
customer, such as the
requisite approvals and clearances,
timely clarification
and approval of plans, compliance
with the agreed terms of
payment and other
obligations. If these conditions are not
met within the stipulated period, a
reasonable period of
grace shall be
granted.
2. The term of delivery or
performance is deemed as met if the consignment of
operational goods is cleared for dispatch or collected
within the agreed term.
If delivery
is delayed for reasons
that the customer is responsible
for, then
the term shall
be deemed
as complied with if notification has been made within
the
agreed term that the goods are ready for dispatch or
if
collection has been
made.
If
non-compliance with the term for deliveries or performance
is demonstrably
due to mobilisation, war, civil unrest,
strike, lock-out
or unforeseen hindrances,
a reasonable extension of term
shall
be
granted.
VI.
Transfer of risk
Risk is
transferred to the
customer, even when freight-paid
delivery has been
agreed: when the consignment of
operational goods has
been dispatched or
ollected. Greatest care shall be
exercised when packing the goods.
VII. Liability for
defects
A. The supplier bears
liability for defects
as follows, whereby the absence
of guaranteed properties
shall also
be considered as a defect:
1. All parts or
performances shall, at the customer?s discretion, be
remedied
free of charge, re-supplied or re-performed if,
within six
months of the day
on
which risk is transferred and
regardless of operational
hours, they become
unusable or
if
their usability is substantially impaired as a result of circumstances
which arose prior to the transfer of risk, in particular
faulty design, poor
materials or
defective construction.
The establishment of such defects
must
be notified to the
supplier in
writing without delay.
2. The customer must
comply with the contractual obligations on his part, in
particular the agreed terms of payment. If a complaint is
made about defects,
payments may be
withheld by the
customer provided that the amounts are in
a
reasonable and
appropriate
proportion to the defects in question. However, if
the
contract forms part of his commercial undertakings,
then
the customer may
only withhold payment if there can
be no doubt whatsoever about the defects
notified in the
claim.
3. The customer shall
grant the supplier the
time and the opportunity that may
be reasonably required
to remedy the
defects. If he refuses to do so, the supplier
is released
from liability for the defects.
4. If the supplier
allows a period of grace to
expire without having remedied
the defect, the customer
may request
reversal of the contract (redhibitory action)
without
reduction in purchase price.
5. The customers right to
assert claims for
defects shall be barred by limitation
in any case after
twelve months have
elapsed since notification of defect. If
the parties fail
to reach agreement within this period,
then supplier and
customer
may agree on an extension to
this period of limitation.
6.
Liability for defects
does not cover natural wear and tear
or accumulated
dust
and dirt, nor
damages that occur subsequent to the transfer of risk as
a
result of incorrect or negligent handling, excessive
use,
inappropriate operating
materials, defects in
building construction, unsuitable building land and
chemical,
electrochemical or electrical effects that are
not covered
explicitly by the
contract.
7. No
liability shall be accepted for damage or other
consequences resulting
from the customer or third parties
making changes to or
performing maintenance
work on the equipment in an
improper
manner.
8. The provisions relating to warranty
periods in items 1 and 5 above shall
not apply if the law
prescribes
longer terms.
9. Any claims for additional
damages on the part of the customer against the
supplier
and persons in his employ
are excluded, in particular any damages that
did not
involve the delivery item itself. This shall not
apply if
liability
is mandatory due to deliberate action,
gross negligence or absence of guaranteed
properties.
B. The following
warranty is provided for repair orders:
1. The warranty
period
for repair orders is 3 months and for repair/exchange
parts 6 months. The warranty covers only the repairs
actually carried out and
the
materials assembled. No
warranty is provided for repairs
carried out by
external
service
mechanics if the normal factory inspection of the repaired
item is not possible. The repair may be carried out at the
factory instead at
the customer?s
request.
2. No warranty is provided for repairs carried
out at the factory, except in
cases
where the same defect
arises and the customer notifies us
without delay.
3. Entitlement to
warranty
claims extinguishes if the customer or third
parties
interfere with the repair item without the consent
of the
supplier.
VIII. Place of
jurisdiction
1.The exclusive
place of jurisdiction
is
Bremen.
2. The contractual relations are governed
exclusively by the laws of Germany,
with the exception of
the Uniform
Law on the International Sale of Goods and
the
Uniform Law on the Formation of Contracts for the
International Sale of
Goods
IX. Escape clause
Legal
invalidity of single provisions of the contract does not
render the contract
as a whole invalid; the remaining
provisions of the
contract shall remain binding
on the parties. This
principle shall
not apply if insistence on the terms of
the contract would
involve unacceptable hardship for
either of the
parties.
MasCom Technologies T&C (2018)
Print version (new window) -
T&C as PDF-Version
|
|