Terms and conditions for sale, delivery and payment

General

All our offers are subject to the following terms and conditions. They apply to all deliveries and services provided by us. Amendments and supplementary agreements are only valid if confirmed in writing by both contracting parties.

1. Offer, contract and price

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

1.2 The scope of our delivery obligation is governed solely by our written order confirmation. We reserve the right to make technical modifications during the delivery period, provided these modifications do not affect the functionality of the delivered goods. We also reserve the right to make partial deliveries, regardless of the order size.

1.3 The contractor retains all ownership and copyright rights to the documents underlying the offers. Reproduction and distribution rights are reserved. The offers may not be made accessible to third parties. If no contract is concluded, the drawings and other documents belonging to the offers must be returned upon request.

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. If the list prices are calculated based on supplier delivery prices and currency exchange rates, customs duties, and import fees, and this has been expressly incorporated into the contract, the contractor is entitled to make a proportionate price adjustment after four months if these calculation data change, provided delivery has not yet taken place by then. Fixed prices are excluded from this and require separate written agreements. Furthermore, the contractor may adjust prices if quantities purchased differ from those specified in the order confirmation.

2. Payment terms

2.1 All deliveries are payable net within 30 days of the invoice date, free of charge to our payment office. For new customers and small orders, we reserve the right to ship via cash on delivery/banked check or invoice with prepayment.

2.2 We are not obliged to accept bills of exchange, repayments, or checks as payment. Discount, exchange tax, and collection charges are borne by the buyer.

2.3 Payments by bill of exchange or check are only considered fulfilled when they have been credited to the contractor's account upon redemption.

2.4 In commercial transactions, the right of retention is excluded. Furthermore, the right of retention is excluded unless the counterclaim is based on the same contractual relationship.

2.5 In the event of default by the client, payment of default interest at a rate of 5% above the applicable base interest rate of the European Central Bank shall be deemed agreed.

3. Delivery and Acceptance

3.1 The contractor is obligated to deliver to the extent specified in the order confirmation. Impossibility of performance beyond the contractor's control, or inability to perform beyond their control, releases the contractor from their delivery obligation. The same applies in cases of force majeure, which releases the contractor from their delivery obligation for the duration of its impact.

3.2 The delivery period begins on the date of order confirmation. Delivery dates are non-binding, but will be met whenever 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 this insurance in writing.

3.4 In the event of unjustified withdrawal from the contract, the client is obliged to pay the contractor damages in the amount of the expenses incurred, unless he proves that a lesser amount of damage has been incurred.

4. Transfer of Risk

4.1 The risk of accidental loss or damage passes to the customer no later than upon dispatch of the goods. This also applies to partial deliveries and even if the contractor has assumed the costs of transport, transport insurance, or installation.

4.2 It is agreed that the risk also passes to the buyer if the goods are ready for shipment, but delivery is not carried out for reasons beyond the control of the contractor. A further condition for the transfer of risk is that the buyer has been notified of the goods' readiness for shipment.

5. Notice of defects

5.1 The contractor assumes a warranty liability for a period of 12 months from the transfer of risk with regard to the proper functioning of the delivered goods, but not for defects resulting from improper handling. Defects in the delivered goods must be reported in writing immediately, but no later than 14 days after delivery. Furthermore, 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, it is nevertheless deemed to have been fulfilled if the delivered goods are put into operation by the client. Installation defects must be reported immediately in the presence of the installer or the contractor's representative. Otherwise, warranty claims are excluded after acceptance, unless they concern latent defects.

5.3 The contractor is not obligated to inspect preliminary work performed by third parties or to point out any improper or unprofessional preliminary work carried out by them. Any resulting claims for damages by the client are excluded. Warranty claims by the client will be handled in accordance with our warranty and repair policy. The warranty policy can be accessed on our website: www.mtcontrols.de

6. Retention of title

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

6.2 If the customer resells the goods delivered under retention of title before payment, the customer hereby assigns to the contractor, in advance, the claim against the third party arising from this resale up to the amount of the invoice for the delivered goods. The customer must notify the third party of this assignment upon resale.

7. Place of performance and jurisdiction

7.1 The place of performance and jurisdiction for all disputes arising from this contract is Berlin. Otherwise, German law shall apply exclusively.

Move & Traffic Controls GmbH | As of 05/2022

General Terms and Conditions (GTC) as PDF