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Allgemeine Geschäftsbedingungen

General terms and conditions





§ 1 Scope, General


Our terms and conditions of sale apply exclusively to our deliveries and services. General terms and conditions of the customer/buyer do not become part of the contract, even if we do not expressly contradict to them again in individual cases. Only the written order confirmation is legally binding for the object and scope of the delivery. Arrangements with our representatives only oblige us if we confirm them in writing. Our offers are always non-binding. We reserve the right to make technical changes to devices and components. 

§ 2 Delivery time and shipping


Delivery times start with the date of our order confirmation, but not before the clarification of all details of the order and the delivery of any domestic and foreign official certificates. Planned delivery times are non-binding. Notice of default, penalties for delay or claims for damages due to delay or non-performance as well as cancellation of orders due to delayed delivery are excluded. We are entitled to make partial deliveries insofar as these are reasonable for the customer/buyer.

Events of force majeure entitle us to delay the delivery by the duration of the hindrance and a reasonable start-up period or to withdraw from the contract in whole or in part because of the part that has not yet been fulfilled. Force majeure is equivalent to strikes, lockouts and other circumstances which make delivery much more difficult for us, as well as one of our sub-suppliers. The customer/purchaser may require a statement whether we wish to resign or deliver within a reasonable period of time. If we do not declare ourselves, the buyer may withdraw. Deliveries are made ex works at the expense and risk of the customer. We have fulfilled our delivery obligation with the abandonment of the delivery item for transport. The choice of the route of carriage is made by us in the absence of special instructions by the customer/purchaser at its reasonable discretion.

If our products are exported to embargo countries, the customer must make inquiries about the final destination country of all export orders before shipment. The deliberate unlawful diversion of deliveries of our products to embargo countries is prohibited by Metzger Technik GmbH & Co.KG. In case of infringement, the liability is transferred to the customer.
 

§ 3 Risk of entitlement


If there is a significant deterioration in the client/buyer's financial situation, which endanger our claims, or it turns out that in the last three years prior to the conclusion of the contract insolvency proceedings concerning the assets of the client/purchaser were opened or rejected due to lack of assets or that the customer/purchaser has provided the asset information/affidavit or that an arrest warrant has been issued we are entitled to demand advance payments or security from the customer/purchaser (e.g. bank guarantees). If the customer/buyer does not comply with our request within a reasonable period of time, we are entitled to withdraw from the contract by written declaration.

Further legal claims remain unaffected.
 

§ 4 Acceptance


If acceptance by the customer/purchaser or a third party to be commissioned by him has been agreed, the delivery can take place immediately after notification of readiness for dispatch. The customer/purchaser bears the purchase costs plus any packaging costs unless otherwise agreed. If acceptance is not made within 5 working days, we are entitled to ship or store the goods without acceptance at the expense and risk of the customer/purchaser. The goods shall be deemed to have been delivered in accordance with the contract in all respects upon dispatch or storage. 

§ 5 Complaints


Complaints about defects or incomplete delivery must be made available to our knowledge immediately, at the latest within 8 days after receipt of the shipment in text form, e.g. by e-mail or fax. Claims for damages are excluded. In the event of defective delivery, the customer/purchaser has no right to withdraw from the contract, but only claim of removal of the defect or to deliver defect-free goods. The calculation is based on the dimensions, weights and quantities determined in the factory or delivery warehouse.

Complaints of defects shall be for due no later than one month after written rejection of the notification of defects by us.  

§ 6 Ownership


Our deliveries remain our property until all claims have been paid, regardless of the legal reason, even if the purchase price for specially designated claims has been paid. In the case of an ongoing invoice, the reserved property shall be deemed to be a security for our balance claim. Working and processing are carried out for us with exclusion to obliging us to acquire property. The processed and finished goods are used to secure our invoice value of the reserved goods. In the case of processing with other goods not belonging to us by the customer/purchaser, we are entitled to co-ownership of the new item, in proportion to the value of the reserved goods to the other processed goods, at the time of processing.

For the goods resulting from the process applies in the same way as for the reserved goods. It shall be deemed to be reserved goods within the meaning of these terms and conditions. The claims of the customer/buyer from the resale of the reserved goods are already assigned to us now, whether the reserved are resold to one or more customers without or after processing. The assigned claim is used to secure the value of each sold reserved good. If the reserved goods are sold by the customer/purchaser together with other goods not belonging to us without or after processing, the assignment of the purchase price claim shall only apply in the amount of the value of the reserved goods. The customer/buyer may only sell our property in the ordinary course of business and as long as he is not in default.

The customer/purchaser is only entitled to resell the reserved goods with in the condition that the purchase price claim from the resale in accordance with clauses 3 and 4 passes to us. He is not entitled to other dispositions of the reserved goods. At our request, he is obliged to disclose the assignment to his customer for payment to us. If the value of our existing security exceeds our claims by more than 20 percent in total, we are obliged to release backups at our discretion at the demand of the customer/purchaser.

The customer/purchaser must notify us immediately of any pawning or other impairment by third parties.
 

§ 7 Guarantee


Any warranty claims of the customer shall be time-barred in 24 months. The limitation period begins with delivery of the delivery item. Wear parts are excluded from the warranty. 

§ 8 Prices


Our prices are ex works in Euros (€) plus packaging and shipping costs and plus the VAT applicable at the time of delivery. If the order value is less than € 100.00, we charge a minimum quantity surcharge of € 25.00.

Invoices are sent by e-mail or by sending it through the post.
When creating X invoices, we charge a processing fee of € 15.00.
 

§ 9 Payment


Foreign payments are to be made exclusively by pro forma invoice in advance without deduction. Bank charges are completely taken over by the customer and are charged in case of deduction.

Payments must be made in euro (€) without deduction within 30 days of the invoice date. The receipt of payment is decisive for us for the observance of the deadline. If the customer/buyer is in default of payment, we are entitled to demand late payment costs. Representatives have no debt collection authority.

If we become aware of circumstances that, in our discretion, question the creditworthiness of the customer/purchaser, our outstanding claims shall become due immediately we and reserve the right to switch to advance payment. In both cases, we are entitled, at our discretion, to demand advance payment or security payment for orders already accepted, regardless of the agreed method of payment and also before delivery, for orders already accepted, with a reasonable period of time. If the customer/purchaser does not comply with this demand, we can refuse the delivery and demand damages, as well as (partially) withdraw from all concluded contracts. We may also prohibit the resale of the reserved goods and demand their return or transfer of indirect possession at the expense of the customer/purchaser. We reserve the right to make further claims.
 

§ 10 Place of performance and jurisdiction


The exclusive place of jurisdiction for all disputes arising in connection with the contractual relationship is Vaihingen/Enz. The above also applies to third parties who are liable for the obligations of the customer/purchaser.

Should individual provisions of the contract, including these terms and conditions of delivery, not be legally valid in whole or in part, this shall not affect the validity of the remaining provisions. For all legal relations between us and the customer, only the law governing the legal relations of domestic parties at our registered office shall apply.
 

Metzger Technik GmbH & Co. KG
Bertha-Benz-Straße 1
71665 Vaihingen a. d. Enz
GERMANY

info(at)metzger-technik(dot)de
www.metzger-technik.de

Telephone: +49 (0) 7042 815 18 0
Fax: +49 (0) 7042 815 18 80

 

 

 


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