1. General Provisions, Terms of Contract
The company metron eging GmbH enters into a contract with other companies or legal entities, who are using the goods, work and services for their intended purposes, only if the following conditions are satisfied. The following terms and conditions apply to all current and future business relations, even if not explicitly referred to them. Other terms and conditions from the customer are not effective, provided that there is no individual agreement to the contrary. We herewith expressly reject any confirmations by the customer which differ therefrom. All offers are non-binding. Our samples and other information regarding the quality of the goods are non-binding framework data, unless expressly guaranteed otherwise.
2. Prices, payment, subsidiary agreements
Invoicing of goods, work and services will take place on the basis of the agreed net prices plus added value tax. If no price has been agreed, then the prices and hourly rates applicable on the day of delivery will be used.
Any verbal agreements and commitments on the part of our employees will require our written confirmation to be binding.
3. Delivery, transfer of risk, installation
The agreed delivery periods will start upon full clarification of the corresponding delivery details. If shipment of the goods or work is not possible using the conventional packaging units, then we reserve the right to perform partial deliveries or to modify the ordered quantities in consultation with the customer. Any size, weight or quality deviations are permissive in the scope of the prevailing practice and accepted tolerances. The customer accepts the risks applicable to the deliveries, including carriage free deliveries. The risk regarding loss or damage of the goods passes to the customer upon delivery or hand-over of said goods to the person to which the shipment was assigned.
If installation of the delivered goods or work has been agreed, then this will be accomplished in compliance with the agreed time schedule. Small additional work and simple cleaning tasks can be completed by us after expiration of the time schedule, if this does not cause any encumbrance to the customer or any delay of the initial operation.
4. Delivery problems, improper performance, default in acceptance
Any unforeseen circumstances or events of force majeure that result in a delay or prevent the delivery or the provision of the service give us the right to extend the time of delivery for the duration of the impediment. This applies in particular in the case of any governmental intervention, or if our appointed shipping company has been fully or partially released from their delivery obligation, or if a third party appointed by the customer has failed to provide the required preliminary work, or if the normal means of supply or transportation are no longer available. We are not obliged to deliver if the customer exceeds his credit limit on release of order. We reserve the right to withdraw from the contract or to claim for damages if the customer delays the acceptance of the goods, work or service.
Return of goods is only possible upon prior written agreement. Any goods not accepted by the purchaser will be stored at his risk and expense.
5. Shipping, storage, costs
The ordering party takes over the shipping costs. We will specify the shipping company and shipping method unless otherwise instructed. Any insurance will only be taken out on specific instruction from the customer, who will bear the related costs. The costs for any storage of goods, work or parts therefrom will be taken on by the ordering party.
Any obvious defects must be indicated in written form upon acceptance of goods, otherwise no warranty grants will be granted. Dispatching in good time is sufficient to adhere to delivery periods. Any deviation from the delivery period must be proven by the customer. The customer must inspect the goods immediately after delivery.
Any defects must be notified immediately. If the customer fails to inspect the goods or to notify any defects, or if he uses, disperses or disposes of the goods, this will be regarded as acceptance of goods. The existence of any complaints in regard to the delivery does not grant the right to reject the goods from further deliveries belonging to the same or to a different contract.
Entering into any discussions in relation to a complaint does not prove in any way that a delayed, unjustified and otherwise insufficient claim was not provided. Any damage limiting measures do not indicate recognisance of defects. Warranty of defects will initially take place by means of remedy or additional work. If the remedial actions or additional work do not suffice, then the customer will be granted the right for contract depreciation or cancellation. Warranty and compensation rights expire 12 months after delivery of the goods.
Except for the following exception, we do not accept liability for any neglect of obligations through us, our legal representatives or assignees. We are not liable for any slight negligence of obligations.
Insofar as exhibition stands, parts thereof or any other objects owned by the contracting party are stored against payment, will the liability be restricted to payment of repair costs in case of slight damages due to negligence. We are free to pay compensation equivalent to the current replacement value instead of taking over the repair costs, if the repair costs are disproportionately high. In case of loss through slight negligence will the liability be restricted to the current replacement value. We are not liable for loss of use or profit and further damage compensation rights. The abovementioned disclaimer of warranty does not apply in case of negligence liability, especially in the event of damages inflicted to persons or even the loss of life, in accordance with the Product Liability Act.
8. Default of payment, creditworthiness
The goods delivered, and work and services provided must be paid before the period allowed for payment has expired. If the customer delays payment, interests on account of delay will be added. We also reserve the right to declare further damage caused by delay. A delay of payment will invalidate all the discounts and allowances granted. We can make the delivery dependent on a reasonable advance payment if there are any justified doubts about the customer’s creditworthiness. This is also applicable for running orders, if the customer delays payment or has not accepted the goods ordered.
9. Retention of title
We retain ownership on all delivered goods and work until all the payments relating to the corresponding delivery contract have been made. The customer is not entitled to resell process or distribute the goods until complete ownership has been granted.
10. Data protection
We store customer data known to us within the scope of the applicable data protection regulations. We do not pass the data on to thirds.
11. Court of jurisdiction; Place of fulfilment
These conditions shall be governed by German Law only. The court of jurisdiction is Passau in so far as the customer is a business entity, corporate body or a government or other organization.
In so far as no other individual contracts exist it is explicitly agreed that Eging am See is place of fulfilment. If any of the provisions in this contract be or become invalid, will the validity of the remainder of the contract not be affected. In this case the corresponding provision of law will replace the invalid provision.