These general business conditions are exclusively valid and apply to all quotations, contracts of sale, work contracts and other legal business declarations. Any term deviating from these conditions is not accepted by us.
In the case of current business relations these terms shall be applicable for any future business transaction with the customer save where other conditions are expressly included.
General Business Terms for supplies effected by magneta GmbH & Co. KG
1. Scope
2. Conclusion of Contract
Contracts are concluded through our written or electronically mailed confirmation of order only. Until then our quotations are always without obligation. The scope of supply or performance is governed exclusively through our confirmation
of order.
We claim ownership, copyright and other commercial and industrial protective rights for estimates, drawings and other documents as well as rights from Know How. Such may not be made available to third parties and shall only be used to
carry out the relevant order.
of order.
We claim ownership, copyright and other commercial and industrial protective rights for estimates, drawings and other documents as well as rights from Know How. Such may not be made available to third parties and shall only be used to
carry out the relevant order.
3. Prices, terms of payment
Our prices are for delivery ex works plus legal VAT in force at the time of invoicing. Packing, freightage and insurance shall be charged additionally.
Payment shall be respectively in DM and Euro after the introduction of the Euro. Foreign bank charges will be borne by the buyer and invoiced separately.
In case our price lists are amended after the date of our confirmation of order the list prices valid on the date of despatch shall be applicable if there is a minimum period of time of 4 months between the conclusion of the contract and the day of delivery.
Payment shall be respectively in DM and Euro after the introduction of the Euro. Foreign bank charges will be borne by the buyer and invoiced separately.
In case our price lists are amended after the date of our confirmation of order the list prices valid on the date of despatch shall be applicable if there is a minimum period of time of 4 months between the conclusion of the contract and the day of delivery.
4. Term of delivery, time of delivery, delay in delivery
For supplies ex works, the term of delivery shall have been met if before its expiry the buyer shall have been notified that the goods are ready for dispatch.
Part shipments are allowed. Every part shipment is treated as an independent business transaction and may be invoiced separately by us. The term of delivery shall be extended in the event of inevitable or unforeseen impediments such as industrial disputes, strike, lockouts, interventions by the authorities, act of God, energy supply crisis. The term of delivery can thereby be extended by max. 2 months. In case such circumstances beyond our control will make it impossible for us to effect the delivery and/or performance we shall be relieved from our delivery and/or performance obligation.
Even in the case of delivery time calendarwise defined we only come in default of delivery if an adequate period of grace has been given us before. If we are responsible for the delay the customer may claim a penalty amounting to 0,5% for every full week the delivery date is late, however, altogether the maximum charge shall be 5 % of the value of such part of the complete supply which could not be used due to the delay. However, our liability for damages of delay and damages of default is limited to the amount of twice the order's value. On request, the customer shall furnish evidence of the damage.
In the case of call-off orders (contracts) we have the right at the end of six months from the date of the confirmation of order to give a two weeks' grace for taking delivery and then invoice the goods not taken and charge adequate storage fees until such time as delivery is taken.
Part shipments are allowed. Every part shipment is treated as an independent business transaction and may be invoiced separately by us. The term of delivery shall be extended in the event of inevitable or unforeseen impediments such as industrial disputes, strike, lockouts, interventions by the authorities, act of God, energy supply crisis. The term of delivery can thereby be extended by max. 2 months. In case such circumstances beyond our control will make it impossible for us to effect the delivery and/or performance we shall be relieved from our delivery and/or performance obligation.
Even in the case of delivery time calendarwise defined we only come in default of delivery if an adequate period of grace has been given us before. If we are responsible for the delay the customer may claim a penalty amounting to 0,5% for every full week the delivery date is late, however, altogether the maximum charge shall be 5 % of the value of such part of the complete supply which could not be used due to the delay. However, our liability for damages of delay and damages of default is limited to the amount of twice the order's value. On request, the customer shall furnish evidence of the damage.
In the case of call-off orders (contracts) we have the right at the end of six months from the date of the confirmation of order to give a two weeks' grace for taking delivery and then invoice the goods not taken and charge adequate storage fees until such time as delivery is taken.
5. Retention of title
All items delivered remain our property until such time as all receivables from the business relation - including receivables henceforth arising - against the buyer have been paid. In case of current invoice the total reserved property shall be used to safeguard the payment of the balance. In so far as the customer uses the delivery items in his company, he shall not be entitled to resell, pawn or pledge them as security - neither fully or in part - without our consent, as long as retention of title will last.
If an item delivered by us is combined or mingled by the buyer with an item in his property in such a way that the buyer's item is to be considered as the main item, the buyer shall assign us as early as now a share of coproperty to the main item, at the ratio of the value of our item to the main item's value. Our share of coproperty remains in the buyer's possession who shall keep the item for us.
On account of the share of property, utilization or partial auction of the main item may be arranged until all receivables have been paid.
If an item delivered by us is combined or mingled by the buyer with an item in his property in such a way that the buyer's item is to be considered as the main item, the buyer shall assign us as early as now a share of coproperty to the main item, at the ratio of the value of our item to the main item's value. Our share of coproperty remains in the buyer's possession who shall keep the item for us.
On account of the share of property, utilization or partial auction of the main item may be arranged until all receivables have been paid.
6. Customer's complaint, warranty
The goods supplied by us shall be immediately examined by the buyer in compliance with the regulations of § 377 and 378 HGB. (German code of commercial law). The buyer shall report any defect to us in writing and describe the claim in a verifiable way.
We decide at own discretion between free repair of defective parts or provision of replacement. Our guarantee period is 12 months from the date of shipment ex works. No responsibility can be accepted for damages arising as a consequence of defects of our products.
Claims for warranty immediately expire if the customer himself carries out repairs on our goods during the guarantee period without our knowledge and our consent or tries himself to repair the defect.
We decide at own discretion between free repair of defective parts or provision of replacement. Our guarantee period is 12 months from the date of shipment ex works. No responsibility can be accepted for damages arising as a consequence of defects of our products.
Claims for warranty immediately expire if the customer himself carries out repairs on our goods during the guarantee period without our knowledge and our consent or tries himself to repair the defect.
7. Other liabilities
Liability according to the Product Liability Law is limited to the sum insured by our product liability insurance currently amounting to 3 Mio DM for injuries to persons and 1 Mio DM for damages to property in each event covered by insurance.
8. Final provisions
German law shall be valid for all orders placed with us. The buyer shall accept risk of the goods delivered from that time on when such had been handed over to the forwarder but not later than the time of leaving our works.
Place of performance and payment for all obligations arising from the legal transactions with the buyer shall be Aerzen.
The exclusive court venue shall be Hameln. We have the right, however, to institute proceedings against the buyer before his regular place of jurisdiction or before the appropriate court at his place of domicile.
Place of performance and payment for all obligations arising from the legal transactions with the buyer shall be Aerzen.
The exclusive court venue shall be Hameln. We have the right, however, to institute proceedings against the buyer before his regular place of jurisdiction or before the appropriate court at his place of domicile.
Effective as of 01.01.1999
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