General Terms and Conditions (GTC)

Group 3082

§ 1. validity

  1. These General Terms and Conditions (hereinafter also referred to as "GTC") shall apply exclusively to our (medeco cleantec GmbH, Georg-Aicher-Str. 1, 83026 Rosenheim) deliveries and services to companies within the meaning of § 14 of the German Civil Code (hereinafter referred to as "customer/customers"); we shall only recognise terms and conditions of business or conditions of purchase of the customer that conflict with or deviate from our GTC to the extent that we have expressly agreed to them in writing. They shall also have no effect if we have not objected to them in individual cases.
  2. These General Terms and Conditions shall not apply to consumers within the meaning of § 13 of the German Civil Code (BGB).

§ 2 Offer and conclusion of contract

  1. The offers of the seller are subject to confirmation. The presentation and advertising of articles in our online shop represent a non-binding invitation to the customer to order goods from us. - Information provided by the seller on the subject of the delivery or service (e.g. weights, dimensions, utility values, load-bearing capacity, tolerance and technical data) as well as representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless the usability for the contractually intended purpose requires an exact match. They are not guaranteed quality features, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components with equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
  2. The conclusion of the contract is subject to correct and timely self-delivery. This shall apply in the event that the Seller is not responsible for the non-delivery. In the event of incorrect or untimely self-delivery, the Seller shall inform the Buyer without delay.

§ 3 Delivery

  1. The delivery of the ordered goods takes place without costs for postage and packaging. If the shipment is made by cash on delivery, the buyer shall bear the additional costs for cash on delivery charges.
  2. Unless expressly agreed otherwise, we shall determine the appropriate mode of dispatch and the transport company at our reasonable discretion.
  3. If the goods are dispatched in accordance with the agreements made with the customers without us having undertaken additional installation or assembly work or similar, we shall only owe the timely, proper delivery of the goods to the transport company and shall not be responsible for any delay caused by the transport company.

§ 4 Prices and payment

  1. The Seller guarantees the price agreed upon conclusion of the contract for a period of six months. If the agreed prices are based on the Seller's list prices and the delivery is to take place more than six months after conclusion of the contract, the Seller's list prices valid at the time of delivery shall apply. In this case, the buyer is entitled to withdraw from the contract if the sales price valid on the day of delivery has increased more than the cost of living index in relation to the agreed sales price. The withdrawal must be declared to the seller within two weeks of sending the price increase request (postmark). The purchase price is due and payable within 14 days from the date of invoice and delivery or acceptance of the goods.
  2. Upon expiry of the aforementioned payment period, the customer shall be in default. During the period of default, interest shall be charged on the purchase price at the statutory default interest rate applicable at the time. We reserve the right to assert further damage caused by default. With respect to merchants, our claim to the commercial due date interest rate (§ 353 HGB) shall remain unaffected.
  3. The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed. In the event of defects in the delivery, the customer's counter rights shall remain unaffected, in particular pursuant to § 6. no. 3 p. 2 of these GTC.
  4. If, after conclusion of the contract, it becomes apparent (e.g. by filing for insolvency proceedings) that our claim to the purchase price is jeopardised by the customer's inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and - if necessary after setting a deadline - to withdraw from the contract (§ 321 BGB).

Subsequent statements should be made under "§ 3. Delivery" in order to form a uniform section on delivery, etc:

Deadlines and dates for deliveries and services promised by the seller are always only approximate, unless a fixed deadline or date has been expressly promised or agreed.

War, strike, lockout, shortage of raw materials and energy, traffic and unavoidable operational disruptions, orders of higher authorities - also insofar as they make the performance of the affected business sustainably uneconomical for the foreseeable future - as well as all other cases of force majeure, also at our suppliers, shall release us from the obligation to deliver for the duration of the disruption and to the extent of its effects. Such events entitle us to withdraw from the contract in whole or in part without the customer being entitled to compensation.

§ 5. reservation of title

  1. The delivery items shall remain our property (reserved goods) until all claims, irrespective of their legal basis, arising from the legal relationship underlying the delivery have been fulfilled.
  2. The customer's claims arising from the resale of the reserved goods are hereby assigned to us. They serve as security to the same extent as the reserved goods. The customer is only entitled and authorised to resell the goods if it is ensured that the claims to which he is entitled from this are transferred to us.
  3. If the reserved goods are sold by the customer together with other goods not supplied by us at a total price, the assignment of the claim from the sale shall be made in the amount of the invoice value of our reserved goods sold in each case.
  4. The customer is authorised to collect the claims assigned to us until we revoke this authorisation. We are entitled to revoke this authorisation if the customer does not properly fulfil his payment obligations arising from the business relationship with us. If the conditions for exercising the right of revocation exist, the customer shall, at our request, immediately disclose to us the assigned claims and their debtors, provide all information necessary for the collection of the claims, hand over to us the relevant documents and notify the debtor of the assignment. We are also entitled to notify the debtor of the assignment ourselves.
  5. If the value of the securities existing for us exceeds the secured claims by more than ten (10) per cent in total - in the case of a realisation risk by more than fifty (50) per cent) - we shall be obliged to release securities of our choice to this extent at the customer's request.
  6. If we assert the reservation of title, this shall only be deemed to be a withdrawal from the contract if we expressly declare this in writing. The customer's right to possess the goods subject to retention of title shall expire if he fails to fulfil his obligations under this contract.

§ 6 Warranty, material defects

  1. The customer's warranty claims in the event of defects shall be governed by the statutory provisions within the statutory periods, unless deviations result from the following provisions.
  2. If the delivered item is defective, we may initially choose whether to provide subsequent performance by remedying the defect (rectification) or by delivering an item free of defects (replacement). Our right to refuse subsequent performance under the statutory conditions remains unaffected.
  3. We are entitled to make the subsequent performance owed dependent on the customer paying the purchase price due. However, the customer shall be entitled to retain a reasonable part of the purchase price in relation to the defect.
  4. The customer shall give us the time and opportunity required for the subsequent performance owed, in particular to hand over the goods complained about for inspection purposes.
  5. We shall bear the expenses necessary for the purpose of inspection and subsequent performance, in particular transport, travel, labour and material costs, if there is actually a defect. Otherwise, we may demand reimbursement from the customer of the costs incurred as a result of the unjustified request for rectification of the defect (in particular inspection and transport costs), unless the lack of defectiveness was not recognisable to the customer.
  6. In the case of the purchase of new delivery items, the customer's warranty claims for defects shall expire one year after receipt of the delivery items.
  7. In the case of the purchase of used delivery items, the customer's warranty claims are excluded.
  8. The limitation period of one year or the exclusion of warranty shall not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which we are responsible resulting from intentional conduct or gross negligence, including that of our vicarious agents. Notwithstanding the foregoing, we shall be liable under the Product Liability Act.
  9. The warranty shall not apply if the customer modifies the delivery items without our consent, has them modified by third parties or uses them improperly and the rectification of defects is thereby rendered impossible or unreasonably difficult. In any case, the customer shall bear the additional costs of remedying the defect resulting from the modification.
  10. The customer is obliged to inspect the delivery item for any defects upon handover and to notify us of these in writing without delay. The relevant regulations and legal consequences of the German Commercial Code apply accordingly.
  11. If a notice of defect proves to be unjustified, the customer shall reimburse us for all expenses incurred by us as a result thereof.

§ 7 Liability for damages due to fault

  1. Our liability for damages, irrespective of the legal grounds, in particular due to impossibility, delay, defective or incorrect delivery, breach of contract, breach of duties during contractual negotiations and tort, shall be limited in accordance with this § 7, insofar as fault is involved in each case.
  2. We shall not be liable in the event of simple negligence unless it is a breach of material contractual obligations. Material contractual obligations are those obligations which grant the contracting parties the right which the contract is intended to grant according to its content and purpose, in particular those obligations the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contracting party regularly relies and may rely.
  3. Insofar as we are liable for damages on the merits in accordance with section 2, this liability is limited to damages which we foresaw as a possible consequence of a breach of contract at the time of conclusion of the contract or which we should have foreseen by exercising due care. Indirect damages and consequential damages which are the result of defects in the delivered goods are also only compensable insofar as such damages are typically to be expected when the goods are used as intended.
  4. The above exclusions and limitations of liability shall apply to the same extent in favour of our executive bodies, legal representatives, employees and other vicarious agents.
  5. Insofar as we provide technical information or act in an advisory capacity and this information or advice is not expressly part of the contractually agreed scope of performance owed by us, this shall be done free of charge and to the exclusion of any liability.
  6. The limitations of liability under this § 7. shall not apply with respect to our liability for (i) wilful misconduct and gross negligence, (ii) guaranteed characteristics, (iii) injury to life, body or health or (iv) under the Product Liability Act.
  7. If the Seller is entitled to claim damages for non-performance because the Buyer refuses to accept the goods or is in default of payment, the Buyer shall pay 20% of the agreed purchase price as damages.

§ 8 Miscellaneous

  1. The substantive law of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
  2. Unless otherwise stated in the order confirmation, our registered office shall be the place of performance.
  3. Insofar as "written" transmission is required in these terms and conditions, this can be complied with by electronic form (§ 126a BGB) or text form (§ 126b BGB), whereby proof of receipt shall be incumbent on the sender.
  4. If the customer is a merchant, a legal entity under public law or a special fund under public law, Rosenheim shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The same shall apply if the customer is domiciled abroad.
  5. The company is entitled to assign claims against buyers based in Germany and countries of the EU to abcfinance GmbH, Kamekestr. 2-8, 50672 Cologne, for refinancing purposes. The buyer will be informed at the time of the conclusion of the contract whether an assignment of the claim will take place. In these cases, payments with debt-discharging effect can only be made to abcfinance GmbH. The buyer will be informed of the bank details when the contract is concluded.

 

logo (1)

Georg-Aicher-Str. 1
D-83026 Rosenheim

Phone: +49 8031 290610
Email: [email protected]
Contact us

Recommendations

© 2023 - medeco cleantec GmbH

Google Rating
5.0
Based on 20 reviews
×
js_loader
Scroll to Top