General Terms and Conditions
General Terms and Conditions of mbnet Engineering GmbH
1 Scope of application
These terms and conditions apply exclusively to deliveries and services of mbnet Engineering GmbH. They shall therefore also apply to all future business relations, even if they are not expressly agreed again. Other terms and conditions shall not become part of the contract, even if they are not contradicted.
2 Conclusion of contract
2.1 The purchaser is bound to his contract offer for eight weeks. The offers of mbnet Engineering GmbH are subject to change and non-binding, unless mbnet Engineering GmbH has expressly designated them as binding in writing. Orders require confirmation by mbnet Engineering GmbH to be effective. This shall be made in writing or by rendering the service.
2.2 If agreements are drawn up in writing or confirmed in writing, all subsidiary agreements deviating from these terms and conditions must also be recorded in writing. Our employees are not authorized to make ancillary agreements or to guarantee properties that are not set out in writing.
3 Deadlines for deliveries and services
3.1 Delivery and performance deadlines must be specified in writing.
3.2 We shall be released from the delivery deadline if, despite a reminder, the buyer has not handed over all documents to be supplied by him in good time and has not complied with the terms of payment and other obligations agreed with him.
3.3 If non-compliance with the delivery period is due to war, mobilization, strike, lockout, loss of employees through no fault of our own, default of upstream suppliers, official intervention, fire or similar circumstances which cannot be overcome by reasonable efforts, we shall not be responsible for this. The delivery period shall be extended accordingly.
3.4 If we are unable to fulfill the contract in whole or in part for reasons for which we are not responsible, we shall be released from our delivery obligation.
3.5 As long as the Buyer is in arrears with the payment of earlier deliveries or services, we shall be entitled to withhold deliveries and services without the Buyer being entitled to any claims for damages or other claims.
3.6 In the event of non-compliance with the agreed delivery times and after expiry of a reasonable grace period, the Buyer shall be entitled to withdraw from the contract by written declaration to us. The Buyer shall only be entitled to claims for damages due to non-performance or delay or other claims that can be asserted in connection with non-compliance with the delivery period if the damage was caused by us intentionally or through gross negligence. Beyond this, claims for damages are excluded.
4 Shipment and transfer of risk
4.1 Unless otherwise stated in the order confirmation, delivery ex works is agreed.
4.2 The mode of shipment shall be at our discretion.
4.3 We shall insure the deliveries at our expense against damage and loss in the amount of the value of the item to be delivered until it is handed over to the buyer.
4.4 In order to safeguard our claims against the transport insurer, damage and loss must be reported to us in writing by the Buyer within one week of delivery of the consignment. The buyer is obliged to notify us immediately and in writing. If the report is not made in good time, the buyer shall not be entitled to claim compensation.
4.5 The risk of deterioration or accidental loss of the delivery item shall pass to the Buyer upon handover to the transport company in the case of sale by dispatch.
5 Acceptance of performance
5.1 The buyer shall accept the contractual delivery or service immediately after handover by signing a declaration of handover. If the customer does not sign the declaration of handover, the service shall be deemed to have been accepted upon use by the customer, but no later than four weeks after actual handover.
5.2 If the buyer refuses acceptance after a deadline set for him or declares that he does not wish to accept, we may withdraw from the contract or demand compensation for non-performance. We can then demand 25% of the contract value, unless the buyer can prove that no damage or only minor damage has been incurred. We reserve the right to claim higher damages - such as in the case of individual solutions - at any time.
6 Prices
6.1 Prices are always net prices plus the value added tax applicable on the day of delivery. Unless otherwise agreed, prices shall be calculated in accordance with the applicable price list.
6.2 Please refer to our current price list for our flat-rate shipping fee.
6.3 If delivery is made more than four months after conclusion of the contract and prices have changed since the contract was concluded, we shall be entitled to adjust the agreed purchase price to the list prices applicable at the time of delivery. If the price increase amounts to more than 3% of the originally agreed price, the Buyer shall be entitled to withdraw from the purchase contract by written declaration to us within two weeks of becoming aware of the price increase.
6.4 Work over and above the contractually agreed services, such as electrical installations, data transfers, support services or special technical support, shall be invoiced additionally. This also applies to any associated travel and accommodation costs.
6.5 For repair services, we charge according to the applicable price list, working hours according to appropriate hourly rates as well as kilometers and travel times incurred in the field repair service. In the case of internal repair services, we charge additional flat-rate shipping costs to cover our packaging, insurance and postage expenses.
7 Terms of payment
7.1 Unless otherwise confirmed in writing, our invoices are due for payment without deduction within 30 days of the invoice date. We reserve the right to carry out the delivery step by step against payment or against advance payment.
7.2 Service and repair invoices are due for payment immediately.
7.3 In the event of late payment, we are entitled to charge interest at a rate of 2% above the applicable discount rate of the Deutsche Bundesbank, but at least 8% per year. After setting a final deadline, we reserve the right not to fulfill further delivery obligations and to declare our withdrawal from the contract. We also reserve the right to assert claims for damages.
7.4 Partial deliveries may be invoiced separately.
8 Retention of title
8.1 The goods delivered by us shall remain our property until all our claims against the buyer have been settled. The retention of title shall also apply to the securing of claims arising from other purchase contracts or contracts for work and services. It also extends to products delivered by way of exchange.
8.2 If the object of purchase is resold by the buyer before full payment of the purchase price, the buyer hereby assigns the future purchase price claim to us by way of security. We already accept this assignment today. The Buyer undertakes to inform us immediately of the collection of the assigned purchase price claim and, at our request, to pay out the amount of the assigned and collected purchase price claim up to the amount of our own claims at any time.
8.3 As long as ownership has not yet been transferred to the buyer, the buyer shall be liable for damage and loss to the purchase items in his possession. The same shall apply to damage and losses incurred to goods which have only been handed over to the Buyer for the purpose of demonstration or trial.
9 Offsetting and right of retention
Offsetting is only permitted with claims that are undisputed or have been legally established. The Buyer may only assert a right of retention if it is based on the contractual relationship to which these General Terms and Conditions apply in the specific case.
10 Warranty / Guarantee / Product Liability
10.1 We provide a 24-month warranty for all products and accessories supplied by us. No warranty is given for parts that are subject to wear and tear and for consumables. The buyer is obliged to provide suitable evidence that a warranty claim exists against us.
10.2 If the Buyer discovers defects or the absence of warranted characteristics, he must notify us in writing immediately after discovering the defect or the absence of the characteristic.
10.3 The warranty shall be provided at our discretion either by repairing the delivered item free of charge or by delivering a replacement. The buyer shall only have the right to rescind the contract or reduce the purchase price after three attempts at repair have failed.
10.4 We provide a 12-month warranty for the delivery of used items.
10.5 We provide no warranty if the Buyer or a third party not authorized by us has tampered with or modified the delivered products or if the defect has occurred as a result of unfavorable operating conditions, violations of our operating instructions or our installation conditions, natural wear and tear or failure to perform maintenance.
10.6 In addition to the warranty agreed here, claims for damages are excluded unless we are guilty of intent or gross negligence. In particular, claims for damage to products not supplied by us or to third parties are excluded.
10.7 The following warranty periods apply to goods sold:
12 months on all basic systems
12 months on provided products (basic systems from subcontractors)
6 months on accessories / spare parts / repairs
No warranty on wear items
10.8 We expressly point out that we are not liable under the Product Liability Act for damage caused by our devices if this is caused by improper repair or if our original parts or parts approved by us are not used when replacing parts.
11 Copyright
11.1 We reserve unrestricted proprietary and copyright exploitation rights to drawings and other documents. We reserve the right to make changes that are technically or methodically necessary. The documents and drawings made known to the Buyer may not be made accessible to third parties.
11.2 Insofar as programs and associated documentation are made available to the Buyer, these are intended exclusively for internal use by the Buyer for the products supplied by us. The Buyer is responsible for ensuring that these programs and documentation cannot be made accessible to third parties without our prior consent. Copies may only be made for archive purposes as a replacement or for troubleshooting. If the originals of documents bear a note indicating copyright protection, this note must also be affixed to the copies by the purchaser.
12 Place of jurisdiction
12.1 Bautzen is agreed as the place of jurisdiction if the Buyer is a registered trader. Otherwise the statutory provisions shall apply.
12.2 The contractual relationship between the Buyer and us shall be governed exclusively by the law of the Federal Republic of Germany.
13 General provisions
The invalidity of individual contractual provisions shall not affect the validity of the remainder of the contract. In place of an invalid provision, the parties shall agree on a valid provision that comes as close as possible to the economic purpose of the contract.
mbnet engineering GmbH
Schirgiswalde-Kirschau, January 1, 2024
Contact
mbnet engineering GmbH
Kirschauer Straße 37a
OT Callenberg
D-02681 Schirgiswalde-Kirschau
+49 (0)3592 34 83 0
+49 (0)3592 34 34 4
Sales: verkauf@mbnet.de
Service: service@mbnet.de
General enquiries: info@mbnet.de
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