Conditions of Use
§ 1 Scope and general regulations
1. The following general terms and conditions (hereinafter:
âTerms and Conditionsâ 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
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
§ 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
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 ââof 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
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)
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
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
§ 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
§ 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.
Headquarters in Ensdorf,
Managing director: Jörn Schwarz