Terms and conditions for sales, delivery and payment

General

All our offers are based on the following conditions. They apply to all deliveries and services provided by us. Changes and additional agreements are only effective if confirmed in writing by both contractual partners.

1. Offer, contract and price

1.1 All offers made by us are subject to these terms and conditions. They are subject to change and non-binding unless otherwise agreed in writing. Otherwise, the contract is concluded through our written order confirmation.

1.2 Only our written order confirmation is decisive for the scope of the delivery obligation. Technical changes that do not affect the function of the delivery items remain reserved during the delivery period. Regardless of the scope of the order, the right to partial deliveries is reserved.

1.3 The contractor is exclusively entitled to property rights and copyrights to the documents on which the offers are based. Reproduction and distribution rights are reserved. The offers may not be made accessible to third parties. The drawings and other documents associated with the offers must be returned upon request if the contract is not concluded.

1.4 Prices refer to the scope of services described in the offer.

1.5 Prices are based on the type and scope of the offer and will be adjusted if the customer requests subsequent changes. Insofar as the list prices are calculated based on the delivery prices of the suppliers and on the basis of currency parities, customs and import duties and this has been expressly made part of the contract, the contractor is entitled, if these calculation data change, to make a proportional price correction after 4 months, provided that a delivery is still possible by then has not been carried out. Excluded from this are fixed prices, which, however, require special written agreements. Furthermore, the contractor may make price changes if quantities differ from the order confirmation.

2. Payment terms

2.1 All deliveries must be paid net cash free to our payment office within 30 days of the invoice date. For new customers and small amounts, we reserve the right to ship cash on delivery/crossed check or invoice in advance.

2.2 We are not obliged to accept bills of exchange, remittances or checks in payment. Discounts, exchange taxes and collection charges are borne by the buyer.

2.3 Payments by bills of exchange or checks are only considered to have been fulfilled when they are credited to the contractor's account when they are redeemed.

2.4 The right of retention is excluded in commercial transactions. Otherwise, the right of retention is excluded unless the counterclaim is based on the same contractual relationship.

2.5 If the client defaults, payment of default interest of 5% above the applicable base interest rate of the European Central Bank is deemed to have been agreed.

3. Delivery and acceptance

3.1 The contractor is obliged to deliver within the scope of the order confirmation. Impossibility or inability for which he is not responsible releases the contractor from his obligation to deliver. The same applies in the event of force majeure, which releases the contractor from the delivery obligation for the duration of the impact.

3.2 The delivery time begins on the date of the order confirmation. Delivery times are non-binding, but will be adhered to wherever possible. Claims for damages due to exceeding the delivery time are excluded.

3.3 Transport insurance will be taken out for the client's invoices unless the client expressly objects to the conclusion of this insurance in writing.

3.4 In the event of unjustified withdrawal from the contract, the client is obliged to pay the contractor the damages in the amount of the expenses incurred, unless he knows that less damage was incurred.

4. Transfer of risk

4.1 The risk of accidental loss or deterioration passes to the client at the latest when the goods are dispatched. This also applies to partial deliveries and in the event that the contractor has borne the costs for transport, transport insurance or installation.

4.2 It is agreed that the risk passes even if the goods are ready for dispatch, but delivery does not take place for reasons for which the contractor is not responsible. A prerequisite for the transfer of risk is that the client has been notified of the readiness for dispatch.

5. Notification of defects

5.1 The contractor assumes warranty liability for a period of 12 months from the transfer of risk in relation to the perfect functioning of the delivered goods, but not for defects that can be traced back to improper handling. Defects in the delivered goods must be reported in writing immediately, but no later than 14 days after delivery. Otherwise, defects must be reported before the delivered goods are resold, processed or installed.

5.2 If the delivered goods are installed by the contractor, acceptance by the client must take place immediately on site. If acceptance is not declared, acceptance is nevertheless deemed to have been fulfilled when the delivered goods are put into operation by the client. Installation defects must be reported immediately in the presence of the installer or representative of the contractor. Otherwise, warranty claims are excluded after acceptance unless they relate to hidden defects.

5.3 When carrying out installations, the contractor is not obliged to check the preliminary work of third parties and to point out their improper and unprofessional preparatory work. Any claim for damages derived from this by the client is excluded. Warranty claims from the client are handled in accordance with our warranty and repair concept. The warranty concept can be accessed on our homepage. www.mtcontrols.de

6. Retention of title

6.1 Delivered goods remain the property of the contractor until full payment has been made. The contractor undertakes not to pledge the delivered goods or to assign them as security until ownership has been transferred.

6.2 If the client has resold the goods delivered under retention of title before payment, he now assigns to the contractor the total claims arising from this sale against the third party in the amount of the invoice amount for the delivered goods. The client must notify the third party of this assignment upon resale.

7. Place of performance and jurisdiction

7.1 Place of performance and jurisdiction for all disputes arising from this contract is Berlin. Otherwise, German law applies exclusively.

Move & Traffic Controls GmbH | As of 05/2022

General Terms and Conditions (GTC) as PDF