Conditions of Use

§ 1 Scope and general regulations


1. The following general terms and conditions (hereinafter: “Terms and Conditions” apply to all present and future Business relationships with our customers (hereinafter: "Buyer").

2. The terms and conditions apply in particular to contracts for Sale and / or delivery of movable property (hereinafter also: "Goods"), regardless of whether we manufacture the goods ourselves or at Buy from suppliers (§§ 433, 651 BGB). Terms and conditions apply in their respective version as a framework agreement also for future ones Contracts for the sale and / or delivery of movable property with the same buyer without us having to refer to them again in each individual case would have to point out.

3. Our terms and conditions apply exclusively. Deviating, opposing or additional general terms and conditions of Contractual partners only become part of the contract if and to the extent that their validity has been expressly agreed with us in writing. This requirement of consent applies in any case, for example, too then, if we are aware of the general terms and conditions of Or deliveries or deliveries to the buyer without reservation Accept services without reservation.

4. Individual agreements made with the buyer in individual cases, including side agreements, additions and changes, have in in any case take precedence over these terms and conditions. For the content of such Agreement is a written contract or our written one Confirmation decisive.

5. Legally relevant declarations and notifications made after the conclusion of the contract are to be given to us by the buyer (e.g. setting deadlines, Notices of defects, declarations of withdrawal or reduction) are required their effectiveness in writing.

6. References to the validity of legal regulations only have clarification Importance. Even without such a clarification, the statutory provisions as far as they are in these terms and conditions cannot be immediately modified or expressly excluded.

§ 2 Offer and conclusion of contract


1. Our offers are non-binding and non-binding for reorders and are only binding for us through our written order confirmation or invoice. This also applies if we contact the buyer Catalogs, technical documentation (e.g. drawings, plans, calculations, Calculations, references to DIN standards), other product descriptions or hand over documents - also in electronic form in which we reserve property rights and copyrights. Furthermore, we are entitled to obvious errors, omissions, To correct typographical errors and calculation errors at any time. With the The order confirmation is confirmed by Client his creditworthiness and solvency.

2. The order of the goods by the buyer is considered to be legally binding Contract offer. Unless otherwise stated in the order, we are entitled to make the contract offer within 2 weeks of to accept his access to us.

3. The acceptance can either be in writing (e.g. through the order confirmation) or by delivering the goods to the buyer.

4. In electronic legal transactions, the confirmation of receipt represents the Order does not yet represent the binding declaration of acceptance of the Contract offer, unless the acceptance is in the Confirmation of receipt expressly declared. The presentation of the products on the Internet is not legally binding Offer, but a non-binding price overview The purchase contract comes with our order confirmation or delivery of the Goods came about. Deliveries are made exclusively against prepayment unless otherwise agreed.

5. On drawings, constructions and other documents from us we reserve property rights and copyright exploitation rights unrestricted before; The customer must not have access to these third parties do. Drawings and other documents belonging to offers are, if the order is not placed with us, it will be returned immediately upon request to give. This applies accordingly to the customer's documents; these may however, we make it available to third parties to whom we are permitted Have transferred deliveries or services.

§ 3 prices and terms of payment


1. Unless otherwise agreed in individual cases, ours apply current prices at the time the contract is concluded and Surcharges. The prices apply from Motedis GmbH.

they understand each other in euros as described in the item descriptions. If the agreed or specified delivery period is longer than four months from the conclusion of the contract, we are entitled to the date of delivery to calculate applicable prices and surcharges. Any We also pass on cost reductions to our customers.

2. In the case of sales by mail (§ 5 Paragraph 1), the buyer bears the transport costs from stock and the cost of any desired by the buyer Transport insurance. Unless we have actually incurred transport costs in the individual case invoice, a flat-rate transport cost applies (excluding Lich transport insurance) as shown in our respective transport cost table as agreed. Any duties, fees, taxes and other public taxes are borne by the buyer.

3. The receipt of payment is decisive for the date of payment with us. Checks are only considered payment after they have been cashed.

4. When the above payment period expires, the buyer is in default. The During the delay, the purchase price is at the applicable statutory rate Interest on arrears. We reserve the right to claim one further damage caused by default. We remain with business people This does not affect entitlement to commercial maturity interest (Section 353 HGB).

5. In the event of default in payment, we are entitled to refuse further deliveries or only to be carried out against prepayment, as well as all outstanding ones, too deferred invoice amounts are due immediately.

6. The buyer is only entitled to set-off or retention rights insofar as his claim has been legally established or is undisputed is. In the event of defects in the delivery, Section 7 (7) remains unaffected.

7. It becomes apparent after the conclusion of the contract that our claim to jeopardizes the purchase price due to the buyer's inefficiency will (e.g. by filing for bankruptcy), so we are according to the legal regulations for the refusal of performance and - if necessary after setting a deadline - to withdraw from the contract entitled (§ 323 BGB). In the case of contracts for the production of unjustifiable Things (custom-made items), we can declare our withdrawal immediately; the statutory regulations on the dispensability of setting a deadline remain untouched.

§ 4 Delivery, Transfer of Risk, Acceptance, Default in Acceptance and Return


1. Delivery takes place from Motedis GmbH, which is also the place of performance for all Unless otherwise stated, there are obligations from the contractual relationship was determined. At the request and expense of the buyer, the Goods sent to another destination (sale by mail order) whereby the Shipping to the specified delivery address of the buyer takes place. Our Delivery times are not binding and may vary from the actual delivery time we will inform you as soon as possible. Unless otherwise agreed, we are entitled to the Type of shipment (especially transport company, shipping route, Packaging) to determine yourself.

2. The risk of accidental destruction and accidental deterioration the goods are transferred to the buyer at the latest when they are handed over to the buyer. At the Mail order purchase (goods are delivered free to the curb and are in principle insured according to the value of the goods), however, there is a risk of accidental Downfall and accidental deterioration of the goods to the buyer, as soon as the goods have been handed over to the buyer by our carrier. The Buyer undertakes to check the goods for transport damage upon receipt, Any transport damage must be reported to the freight forwarder immediately. Later Claims for compensation cannot be made.

3. If the buyer is in default of acceptance, he fails to cooperate or delays our delivery from others, from the buyer too Representative reasons, we are entitled to replace the resulting Damage including additional expenses (e.g. storage costs) to demand. For this we charge a flat rate compensation of 10% of the invoice amount. Proof of greater damage and our legal claims (in particular replacement of Additional expenses, reasonable compensation, termination) stay untouched; However, the flat rate is based on more extensive Credit claims. The buyer remains the proof allows us to have no or only a material less damage than the above flat rate has occurred.

4. Partial deliveries are permitted to a reasonable extent if the partial delivery for the buyer within the scope of the contractual intended purpose is usable, the delivery of the remaining ordered goods is ensured and this does not result in any significant additional work or additional work for the buyer Costs incurred (it was because, we explain ourselves to the acquisition of these Costs ready).

5. Changes in the technical design, color and shape of our Goods as well as the quantity are reserved - within what is reasonable - eg if the value and the usability of the offered goods are thereby is not affected: Our profiles are anodized delivered. Anodized and RAL colors are not subject to any standard, so you can Differences in color and degree of gloss cannot be ruled out. Small particle inclusions or irregularities in the surface can occur. You can only complain about defects that are after above mentioned guidelines to see are. These are as follows: Viewing distance 5 meters in diffuse light. To ensure that the surface coating retains its value, are appropriate cleaning intervals with suitable Cleaning agents. You can find further information on this please request at any time.

7. Transport and all other packaging in accordance with the packaging ordinance we do not take them back, they become the property of Buyer; Euro pallets are excluded.

8. Returns require our prior written consent. The following applies to aluminum profiles: Since the parts were specially made for you, a return is not possible.
The buyer is allowed to prove that we have no or only less damage has occurred.

§ 5 retention of title


1. Until full payment of all of our present and future Claims from the purchase contract and an ongoing business relationship (secured claims) we retain ownership of the pre-sold goods. The buyer is obliged to take care of the goods to treat. If maintenance and inspection work is required, the buyer has to carry this out regularly at his own expense.

2. The goods which are subject to retention of title may be fully Payment of the secured claims neither pledged to third parties, yet to be assigned as security. The buyer has us immediately to notify in writing if and to the extent that third parties have accessed us belonging goods or the goods are damaged or destroyed.
Insolvency administrator, seizure officer, enforcement officer or other third parties accessing the property are on our property rights to point out.

3. In the event of breach of contract by the buyer, especially in the event of non-payment of the purchase price due, we are entitled according to the statutory Regulations to withdraw from the contract and the goods on the basis of To demand retention of title and withdrawal. Pays the If the buyer does not pay the purchase price due, we may only assert these rights if we have previously unsuccessfully given the buyer a reasonable deadline Have set payment or such a deadline according to the statutory Regulations is dispensable.

4. The buyer is authorized to sell the goods subject to retention of title to resell and / or process in the proper course of business. In this case, the following additional provisions apply:

a) The retention of title extends to the processing, Mixing or connection of our goods resulting products at their full value, whereby we are considered the manufacturer. Stick with one Processing, mixing or combining with the goods of third parties Right of ownership exist, we acquire co-ownership in the proportion of Invoice values ​​of the processed, mixed or combined goods. In other respects applies for the resulting product, the same as for the under Retention of title delivered goods.

b) Those resulting from the resale of the goods or products The buyer already now applies claims against third parties in the amount of our Claim from the delivery of the goods in accordance with the preceding paragraph Security to us. We accept the assignment. The ones mentioned in § 6 Paragraph 2 The buyer's obligations also apply with regard to the assigned Requirements.

c) The customer is responsible for securing our claims against him Claims from connecting the goods to a property grown up against a third party. We accept the assignment.

d) Besides us, the buyer remains authorized to collect the claim. We undertake not to collect the claim as long as the buyer fulfills his payment obligations to us, not in Payment arrears, no application to open insolvency proceedings and no other deficiency in its performance present. If this is the case, we can demand that the buyer notifies us of the assigned claims and their debtors, all provides the information required for collection, the associated documents hands over and notifies the debtors (third parties) of the assignment.

e) If the realizable value of the securities exceeds our claims by more than 10%, we will provide collateral at the buyer's request free of our choice.

§ 6 Claims for defects by the buyer


1. For the rights of the buyer in the event of material and legal defects (including Wrong and underdelivery as well as improper assembly or defective Assembly instructions), the statutory provisions apply, insofar as nothing else is determined in the following. Unaffected in all cases the statutory special provisions remain applicable to the final delivery of the goods a consumer (supplier recourse according to §§ 478, 479 BGB).

2. Our liability for defects is primarily based on the quality agreement made on the goods. As an agreement on the quality the product descriptions designated as such apply to the goods (also of the manufacturer), which the buyer before his order of left to us or in the same way as these terms and conditions in were included in the contract. Public statements, promotions or advertising by the manufacturer does not constitute any contractual Specification of the quality of the goods.

3. Insofar as the quality has not been agreed, according to the statutory Regulation to assess whether there is a defect or not (§ 434 Para. 1 S. 2 and 3 BGB). For public statements by the manufacturer or However, we do not accept any other third parties (e.g. advertising statements) Liability.

4. The customer does not receive any guarantees in the legal sense from us. All Notes in our order confirmations or offers on manufacturer guarantees do not limit our warranty on the above limitations. They are just a hint to additional rights of the customer towards the manufacturer, which we forward for information. In this respect, these do not constitute an extension the warranty rights of the customer towards us The manufacturer's guarantee given to the customer remains from the above Restrictions on our warranty remain unaffected.

5. The purchaser's claims for defects require that he comply with his statutory Examination and notification obligations (§§ 377, 381 HGB) met is. If a defect becomes apparent during the examination or later, it is us to report this immediately in writing. Immediately applies the notification, if it is made within 7 working days, whereby to meet the deadline the timely dispatch of the notification is sufficient. Regardless of this The buyer has an obligation to examine and notify defects (including wrong and short deliveries) within 7 working days to be notified in writing from the time of delivery, whereby the Timely dispatch of the notification is sufficient. If the buyer fails to properly examine and / or report defects, our liability for defects not reported is excluded.

6. If the delivered item is defective, we can first choose whether we Supplementary performance by eliminating the defect (rectification) or by Deliver a defect-free item (replacement delivery). Our right the selected type of supplementary performance under the legal requirements to refuse remains unaffected.

7. We are entitled to make the subsequent performance owed dependent on this make that the buyer pays the purchase price due. The buyer is however, it is entitled to claim a proportion of the To withhold the purchase price.

8. The buyer has to provide us with the necessary supplementary performance To give time and opportunity, especially the rejected goods To be handed over for examination purposes. In the case of a replacement delivery, the To return the defective item to the buyer in accordance with the statutory provisions.

9. The expenses required for the purpose of testing and subsequent performance, in particular transport, travel, labor and material costs, we wear if there is actually a defect. However, it turns out The buyer's requests for rectification of defects can be found to be unjustified we the therefrom resulting costs from the buyer replaces demand.

10. In urgent cases, such as threats to operational safety or to prevent disproportionate damage, the buyer has the right to To remedy the defect ourselves and to replace the objectively required by us To demand expenses. Of a kind self-performance are we without delay, by way beforehand, to notify. The right to do it ourselves does not exist if we were entitled to one appropriate supplementary performance in accordance with the statutory provisions deny.

11. If the supplementary performance has failed or one for the supplementary performance reasonable period to be set by the buyer has expired without success or is dispensable according to the legal regulations, the buyer can from Withdraw the purchase contract or reduce the purchase price. With an insignificant one However, there is no right of withdrawal for defects.

12. Claims of the buyer for damages or replacement in vain Expenses exist only in accordance with § 8 and are otherwise locked out.

§ 7 liability


1. As far as these terms and conditions including the If nothing else results from the following provisions, we are liable for one Violation of contractual and non-contractual obligations according to relevant legal regulations.

2. We are only liable for damages - regardless of the legal reason - for Willful misconduct and gross negligence.

3. The seller's liability relates to the value of the goods Item offered by the seller. One that goes beyond that Liability for possible consequential damage or consequential costs, lost Profit or financial loss of any kind caused by failure to Incorrect delivery or malfunction is excluded.

4. The limitations of liability resulting from § 8 Paragraph 2 apply not if we fraudulently concealed a defect or provided a guarantee for the quality of the goods. The same applies Claims of the buyer according to the product liability law.

5. Because of a breach of duty that does not consist of a defect the buyer can only withdraw or terminate if we breach of duty have to represent.
A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. Otherwise, the statutory requirements apply and legal consequences.

6. Our liability does not apply if the delivered goods are processed or changed unless the buyer can prove that the processing or Change was not the cause.

§ 8 software


If software is included in the scope of delivery, the customer will not receive a exclusive and non-transferable right granted to the delivered Use software including its documentation; She becomes exclusive for use on the delivery item intended for this left. A use, reproduction, revision, translation the software as well as a conversion from the object code to the source code for other purposes, unless in accordance with § 69 d UrhG permitted, prohibited.

§ 9 data protection


1. The buyer agrees and informs that all data relating to the buyer from the business relationship, including personal and invoice-related i. S. d. Federal Data Protection Act, by our electronic data processing is stored and exclusively to contracted service providers and credit agencies (e.g. also for credit checks) can be passed on as part of order processing.

2. Our business partners undertake to work within the framework of the business relationship not to pass on any data to unauthorized third parties, as well as this against access and misuse by unauthorized persons To protect and store people safely.

§ 10 Choice of law, place of jurisdiction and final provisions


1. For these terms and conditions and all legal relationships between the law of the Federal Republic of Germany applies to us and the buyer excluding all international and supranational (contractual) Legal systems, in particular the UN sales law. requirements and effects of the reservation of title acc. § 6 of these terms and conditions however, are subject to the law of the respective storage location of the item, as far as the choice of law made in favor of German law is inadmissible or ineffective.

3. As far as individual provisions of the contract / terms and conditions should be or become ineffective or impracticable so this does not affect the validity of the remaining provisions. Instead of the invalid or unenforceable provision, a such provision as agreed, within the framework of what is legally possible comes closest to what the contracting parties after original purpose of the ineffective or impracticable Determination was wanted. The same applies to any loopholes in the contract.

Status: 11/18/2011
Headquarters in Ensdorf,
Managing director: Jörn Schwarz

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