Liability and information according to § 5 TMG
MQP mechanical quality Parts
NAWI Maschinentechnik und Technologieberatung
Am Sandkamp 3
phone +49 (0) 531-372057
fax: 49 (0) 531-9667585
Copyright by MQP mechanical quality parts NAWI Maschinentechnik und Technologieberatung
Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz – Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Limitation of liability for external links
Our website contains links to the websites of third parties (“external links”). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.
A visit to our website can result in the storage on our server of information about the access (date, time, page accessed). This does not represent any analysis of personal data (e.g., name, address or e-mail address). If personal data are collected, this only occurs – to the extent possible – with the prior consent of the user of the website. Any forwarding of the data to third parties without the express consent of the user shall not take place.
We would like to expressly point out that the transmission of data via the Internet (e.g., by e-mail) can offer security vulnerabilities. It is therefore impossible to safeguard the data completely against access by third parties. We cannot assume any liability for damages arising as a result of such security vulnerabilities. The use by third parties of all published contact details for the purpose of advertising is expressly excluded. We reserve the right to take legal steps in the case of the unsolicited sending of advertising information; e.g., by means of spam mail.
CONDITIONS OF SALE
1. These conditions of sale apply exclusively to entrepreneurs, legal persons under public law or public special funds within the meaning of § 310 paragraph 1 BGB. Conditions that are opposing or deviating from our sales conditions will only be recognized if we expressly agree to it in writing.
1a. These sales conditions do also apply to all future business with the customer as far as it is related to legal transactions of a similar kind (as a precaution the conditions of sale should be enclosed in any case with the order confirmation).
2 Offer and conclusion of contract
If an order is regarded to be an offer according to 145 BGB, we may accept it within two weeks.
3 Submitted Documents
All documentation, such as calculations, drawings, etc. that are provided the customer in connection with the award of the contract, we reserve the ownership and the copyright. These documents may not be disclosed to third parties, unless we explicitly give the customer our written consent. Should we do not accept the offer of the customer within the time limit of § 2, all documents have to be returned to us immediately.
4 Prices and Payment
1. Unless not otherwise agreed in writing, our prices are ex works, excluding packaging and plus VAT at the applicable rate. Packaging costs will be invoiced separately.
2. The payment of the purchasing price shall be made solely on the bank account mentioned on the backside. The deduction of a cash discount is only permitted with a special written agreement.
*) Please note the user information on the previous page and the accompanying appendix 1!
3. Unless not otherwise agreed, the purchasing price is to be paid immediately (within max. 10 days) before delivery. Interest shall be calculated per annum in the amount of 4% above the base rate (See Appendix 1). We reserve us the right of the assertion of higher default damages.
4. Unless previously a fixed price agreement has been made, we reserve us the right for reasonable price changes due to changes in labor, material and distribution costs for deliveries made 3 months or later after conclusion of the order.
5 Retention rights
To exercise a lien, the customer/purchaser is only insofar authorized as his counterclaim is based on the same contractual relationship.
6 Delivery time
1. The beginning of the delivery period, which is provided by us, presupposes the timely and proper fulfillment of the purchaser's obligations. We reserve us the right for objection of the unfulfilled contract.
2. If the purchaser is in default of acceptance or the culpably violates other obligations to cooperate, we are entitled to demand damages in this respect, including any additional expenses. Further we reserve us the right of objection claims. If the above conditions are met, the risk of accidental loss or accidental deterioration of the goods transferred to the purchaser, in the case of default in acceptance or payment.
3. Not binding, but “confirmed delivery dates” by us are legally not binding. An agreed delivery period begins with the receipt of the order confirmation, but not before the receipt of payment. Events of force majeure and malfunctions, also including strikes and lockouts and other events which impede our and our suppliers' delivery, give us the right to extend the delivery time, the impairment or withdrawing from the contract without granting the customer the right for claims for compensation. Partly deliveries are allowed.
4. In case of delay or the impossibility of delivery, the customer is entitled to rescind the contract after a 30-day grace period. The period must be set in writing and explicitly designated as such. A claim for damages due to delay and / or impossibility of delivery is limited, unless there is intent or negligence, to a maximum of 0.5% per week starting from a 4-week waiting period after the agreed delivery date and to a maximum of 5% of the price of the items not delivered. Any further claims for damages, however founded will not be granted.
In the case of a delivery to a merchant, damages – as far as legally permissible – are excluded, otherwise the above limitation are valid.
7 Transfer of Risk at dispatch
If the goods are shipped at the Purchaser's request, from the moment of dispatch to the customer or at the latest when leaving the factory / warehouse, the risk of accidental loss or accidental deterioration of the goods to the buyer. This applies irrespective of whether the goods are shipped from the place of fulfillment or who bears the freight costs.
8 Retention of title/ownership
1. We reserve the title/ownership of the delivered goods until full payment of all claims from the contract has be made. This also applies to all future deliveries, even if not explicitly mentioned. We are entitled to withdraw the purchased item, if the purchaser breaches the contract.
2. The buyer is obliged, as long as the ownership has not been transferred to him to treat the merchandise with care. In particular, he is obliged at its own expense to insure it against theft, fire and water damage at the new value (Note: only permissible in the case of selling high quality goods). If maintenance and inspection work is carried out, the Purchaser shall execute them at his own expense. As long as ownership has not been transferred, the purchaser must inform us immediately in writing if the delivered goods are seized or other interference by third parties. If the third party is unable to reimburse us for the judicial and extrajudicial costs of action under § 771 ZPO, the customer is liable for the loss incurred.
3. The purchaser is entitled to resell the goods in the ordinary course of business. The claims against the purchaser from the resale of the goods, the ordering party already now assign to us in the amount of the agreed final invoice amount (including VAT). This assignment shall apply regardless of whether the purchased goods have been resold or after processing or even without. The customer remains authorized also after the transfer to collect the debt. Our authority to collect the claim itself remains unaffected. However, we will not collect the claim as long as the customer meets its payment obligations from the proceeds, is not in arrears and in particular no application is filed for insolvency proceedings or suspended payments. [Note: This clause is omitted if no extended retention of title is intentional.]
4. The processing or transformation of the goods by the customer is always on our name and on our behalf. In this case, the expectant right of the customer continues to the goods on the transformed object. If the purchased goods are processed with other items which are not our property, we acquire joint ownership of the new item in proportion of the objective value of our goods to the other processed items at the time of processing. The same applies to the case of mixing. If the mixing is done in such a way that the purchaser's item is regarded as the main thing agreed that the customer transfers proportionate co-ownership and hold the sole or joint ownership for us. To secure our claims against the purchaser of the purchaser also accedes such claims to us to it by the connection of the goods grown with a plot against a third party; we accept this assignment already now.
5. We undertake to release the securities due to us at the purchaser's request, if their value exceeds the claims to be secured by more than 20%.
9 Warranty and complaints and recourse / manufacturer regress
1. Warranty rights of the purchaser assume that his obligation under § 377 HGB inspection and complaint are properly fulfilled.
2. Warranty claims shall expire 12 months after delivery of the goods supplied by us to our customer. Claims for damages for gross negligence or injury to life, body and health caused by an intentional or negligent breach of duty of the user, the statutory period of limitation applies. (Note: in the sale of used goods, the warranty period, with the exception of that in sentence 2 damage claims completely ruled out).
If the law in accordance with § 438 para. 1 no. 2 BGB (buildings and items for buildings), 479 paragraph 1 BGB (recourse) and 634a paragraph 1 BGB (construction defects) prescribe longer periods, these periods apply before returning any of The goods must be sought our consent.
3. If, despite all due care, the delivered goods contain a defect that already existed at the time of transfer of risk, we will ship the goods, subject to timely notice under our option repair or replace the goods. We must always be given the opportunity to remedy within a reasonable time limit. Recourse claims remain unaffected without restriction of the above regulation.
4. If the remedy fails, the customer can - regardless of any compensation claims - withdraw from the contract or reduce the remuneration.
5. The warranty does not include minor deviation from the agreed quality, of only minor impairment of usefulness, of natural wear and tear and damage arising after the transfer of risk from faulty or negligent handling, excessive strain, unsuitable equipment, defective construction work, unsuitable arise foundation soil or from particular external influences which are not assumed under the contract. If made by the purchaser or third party improperly repairs or modifications, so there are no claims for these and the resulting consequences.
6. Claims of the Purchaser shall have the purpose of supplementary expenditures, in particular transport, travel, labor and material costs are excluded if the expenses increase because the goods delivered by us subsequently transported to a place other than the premises of the purchaser has been spent, unless the transfer corresponds to the intended use.
7. Rights of recourse against us exist only insofar as the purchaser has not made any agreement with its customers exceeding the mandatory statutory warranty claims. This also applies to the scope of sales of recourse against the supplier, refer to paragraph 6.
1. This contract and all legal relations are subject to the laws of the Federal Republic of Germany, excluding the CISG (CISG).
2. Place of validity and exclusive jurisdiction for all disputes arising from this contract is our place of business, unless the order confirmation provides otherwise (Note: The use of the clause is invalid if at least one of the parties is not a registered company in the commercial register).
3. All agreements made between the parties for the purpose of implementing this contract are stipulated in writing in this contract.
Although the clause bans of the catalog offenses of §§ 308, 309 BGB refering to § 310 para. 1 BGB shall not apply to terms and conditions, which are used 14 BGB to companies i. S. d. § is not automatically assume by implication that the use of terms such as in §§ 308, 309 BGB to companies as a rule withstand the contents of control of §§ 305 ff. BGB. In accordance with § 307 para. 1, 2 no. 1 BGB, which also applies to the use of Policies towards entrepreneurs, are an unreasonable disadvantage of the contracting party in question is deemed to exist if the clause with essential basic principles of the statutory rule from which it deviates, not compatible. This leads to the case law, that the clause prohibiting catalogs of §§ 308, 309 BGB on the interpretation of 307 BGB acquires indirect significance for commercial transactions.
The clause ban of 308 BGB are applicable to the sale between entrepreneurs, because the commercial specificities have to take into account their room for margin. In contrast with the prohibitions of 309 BGB such forfeiture is not possible, the violation of 309 is also in case of a sale between entrepreneurs, is an indication of the ineffectiveness of the clause. In such a case it is recommended to get an individual examination by an jurist beforehand.
This commandment means that a clause in the Conditions in the case of a doubt is also inappropriate penalizing if it is not clear and understandable. That requirement means that intransparent clauses per se, should be regarded as ineffective without supervention a substantive undue disadvantage the other party. Furthermore, this also means that the requirement of transparency for price and performance provisions descriptive terms apply, which are generally excluded from the content control, applies.
For purchases and service contracts, the warranty period is 2 years. Under the Conditions, the warranty period can be shortened as follows:
Movable property except building materials:
- New - Buyer is consumer 2 years
- Buyer is an entrepreneur 1 year
- Used - Buyer is a consumer 1 year
- Buyer is an entrepreneur non Defects notification duty
For not obvious defects, the defects notification period may be set not less than one year in the Conditions. The period begins from the statutory limitation period.
Restriction on subsequent performance.
The buyer can, in case of a defective item, as subsequent performance at his discretion to remedy the defect or delivery of defect-free item or if the conditions and compensation. Only when the subsequent performance fails, is not possible or is unreasonable, the buyer can - make warranty claims - in the second place: withdrawal or reduction. Restrictions solely on the subsequent performance has no effect if the other party is denied the right to a reduction in the subsequent performance fails.
Limitations of liability.
Any exclusion or limitation of liability for damages from injury to life, limb or health based on an intentional or negligent breach of duty of the user or intentional or negligent breach of duty by a legal representative or agent of the user is invalid.
Penalty interest rates
From the beginning of the delay of the buyer owes to the seller, in addition to the purchase price late payment interests. If a consumer is involved in the purchasing agreement, either as a purchaser or as a seller, the interest rate is 5% above the base interest rate. For sales contracts between entrepreneurs, the interest rate is increased by the reform of contract law at 8% above the base interest rate.
Under the following link: the current base rates interest can be determined.