General Terms and Conditions
The following terms and conditions of delivery and payment apply exclusively to all current and future transactions of Mollenkopf Messtechnik GmbH; they shall apply for all business relationships with our customers [according to $14, 310 BGB (German Civil Code)]. With the order placement the buyer acknowledge the following terms and conditions. Contrary purchase conditions of the buyer shall be no part of the contract even if we do not expressly contradict them.
2. Offers and prices
Quotations by the Company are made without obligation. Small divergences and technical changes compared to our illustrations or descriptions are possible. Cost estimates are provided without warranty and are non-binding.
The minimum value of goods is EUR 35.00. Surcharges for short quantities may apply. The delivery times are non-binding. We endeavor to keep our indicated delivery times. Partial deliveries are considered as agreed. Indemnification claims or rescission of the purchase are not justified by late deliveries.
Unless otherwise agreed in writing, prices are understood ex works. The shipment shall be at the buyer’s risk and expense. The transfer of risk apply once the goods leave our premises. We shall choose the packaging, the type of delivery and the means of transport, if the purchaser has not stated any special requirements. The packaging will be charged at cost price. We reserve the right to ship orders with a divergence of +/- 10% of the order quantity. The actually shipped quantity will be invoiced.
5. Place of Fulfilment
The place of fulfilment is where the goods are located for the purpose of shipping or handover to the buyer. The place of fulfilment is not changed due to the takeover of the shipping by Mollenkopf Messtechnik GmbH. The place of fulfilment for the payment of the purchase price and all other services is Filderstadt/Germany. The place of jurisdiction for both contract parties is Stuttgart/Germany.
All invoices – subject to any divergent written agreement in individual cases – are payable within thirty days of the date of invoice. For payments within 10 days we grant a discount of 2%. Repair services, customized manufacturing- and craftsmanship services shall be paid cash net without deduction. In the case of a default in payment, the seller is entitled to charge interest on the outstanding amount at the rate of 3% above the respective discount rate of the German Central Bank. Proof of damages extending beyond this remains unaffected. The payment deadlines must also be adhered to if complaints are unreasonably or have been proven to an insignificant extent only. Cheques and bills of exchange shall only be accepted subject to the usual reservations. We reserve the right to process orders from new customers or customers with a negative payment history on a prepayment basis. Shipments to foreign countries shall only be processed against prepayment.
7. Reservation of ownership
The delivered goods remain our property until complete payment. The buyer is entitled to the resale of goods subject to retention in the course of a normal business. Products not yet paid for may neither be pledged nor transferred by way of security.
8. Claims and delivery complaints
Claims and delivery complaints are to be given immediately in writing, but at the latest within 5 days after upon receipt of the goods. For returns or credits, we charge a processing fee of 25% of the value of the goods but with a minimum of EUR 25.00. Customized products are barred on principle from being returned.
Should any provision of these Terms of Sale, Purchase and Delivery be - for any reason whatsoever - not applicable, the efficiency of any provision remaining shall be unaffected thereby.
10. Data storage and data safety
According to §28 of the federal data protection act (BDSG) we draw the attention to the fact that the data necessary within the business process will be processed and secured by means of an computerized system. Received personal data, information and material are most confidentially treated and will not be passed to any third parties.
Filderstadt, January 2012
Mollenkopf Messtechnik GmbH