Standard Business Terms and customer information
Terms and Conditions
Mey Systems GmbH
Telephone: +49 9567 92260
1. Scope of Application
All our deliveries and services are carried out on the basis of the following terms and conditions.
We hereby expressly deny any terms conditions of our business partners. Our terms and conditions also remain valid if we carry out transactions without reservation in the knowledge that our partners have terms and conditions that vary from our own. Our terms and conditions also apply to any future business, without the need to refer to them again.
2. Offers, Prices and Conclusion of Contract
All our offers, including prices, are no-obligation and not legally binding. Its validity is specified in the offer. Prices are from our base in Seßlach and do not include delivery or insurance. Replacement parts and accessories also do not include freight costs and packaging, unless this has been otherwise agreed. An order signed by our business parter is legally binding. In the case of online orders or orders placed through other forms of communication, the order becomes binding when sent. The contract can be ended with our written confirmation or by the delivery of all orders in full.
In the case of telephone orders, the orderer is liable for any order errors arising from unclear, incomplete or incorrect information. We reserve the right to carry out construction changes within the realms of a contract, as long as these changes are not fundamental in nature, and do not considerably reduce the contractual pur-pose.
We reserve the right to partial deliveries in commercial transactions. If we fall behind schedule as a result of our own actions, the right to claim damages is restricted only to cases of wilful intent, gross negligence or if the delays infringe upon contractual rights.
3. Payment Conditions, Dispatch, Transfer of Risk
Generally, payment is to be made to our bank ac-count. From the issuing of an invoice, a 2% dis-count is awarded for payment within 10 days, and the maximum payment deadline extends to 30 days from the invoice date. Any changes to this must be made in writing.
An offset or withholding of payment is only permit-ted in the case of a legal challenge, which we are aware of or has been legally established. Com-plaints of defects are not adequate to withhold or offset payment. Our business partner should not take advantage of their right to withhold for earlier or other business with us.
If the payment deadline is missed, we can demand a further 8% over the European Central Bank’s basic interest rest, irrespective of any other rights.
If our business partner falls into default of acceptance, or breaches their duties in any other way, we reserve the right to demand compensation for any damages we suffer, including any extra effort required. From the beginning of this delay, all risks of accidental deterioration or perishing of the ordered items are transferred to our business partner.
If our business partner refuses to accept ordered items and returns them to us, a storage fee of 20% of the original sales price will be charged if our business partner does not have any rights of cancellation or revocation. Restocking fee of 20 % of the sales price applies to the return of more than 10 pcs of ordered goods, which are not subject to the right of cancellation or revocation. If our business partner still does not accept the items after a deadline of two weeks, we may make them otherwise available. Our business partner is responsible for any resulting damages.
Dispatched wares remain our property until all our receivables, even those relating to other transaction, are fulfilled. In the case of payment by cheque or exchange, this applies for an additional 14 days after their cashing. In the case of a running account, the reserved wares constitute security for our balance claim.
Before we have received payment in full, our business partner may not transfer the items to a third party for safety without our written permission. The delivered wares still remain our property if they are changed or processed in any way before we have received payment in full. This also applies if the value of the items in question has been increased. If the items have been combined with or built into other items, we become part owner of the other property. Extended reservation of title is expressly agreed. If our business partner breaches their con-tract, especially referring to payment delays, we reserve the right to re-claim the items we delivered at the cost of our business partner. This is hereby expressly agreed to. A right to rescind the contract does not exist.
4. Complaints of Defects, Guarantee
Any complaints about the delivery resulting from obvious defects are to be made immediately after reception. Any refunds desired are to be established within 8 days after the goods have been received. The received products are to be returned to us for inspection, or visited by us, at our discretion. Our business partner must provide sufficient proof of any defects. Upon the discovery of legitimate defects, we shall either repair or replace the items in question at no extra charge. All warranty claims for defects shall end after 24 months from the date the goods were transferred. This guarantee will become invalid if a previous agreement is infringed upon.
We accept no responsibility for damages resulting from improper use or use contrary to regulations, unsuitable equipment, or wear and tear. The guarantee also becomes invalid if the products are changed in some way by our business partner or by a third party, unless we have agreed to these changes and they have been carried out professionally and appropriately.
A business partner has the right to demand the repair of a defect or the delivery of a replacement. However, we can refuse the chosen method of subsequent fulfilment, if this would cause unreasonable costs. In general, we have the right to per-form two improvements to a possible defect.
If the defect has not been repaired after this second attempt, our business partner reserves the right (in accordance with §439 of the BGB (German Civil Code)) to demand the delivery of defect-free wares, a reduction in price, or a withdrawal from the con-tract.
Used wares shall be declared to commercial business partners, with the exclusion of a guarantee. In this case, users receive a 12-month guarantee.
5. Restriction of Compensation
In the case of products that are solely created and further distributed unchanged, our duties merely extend to the supply. Any liability, especially concerning material defects, is expressly denied.
Further claims by our business partners, regardless of the legal reasons, are excluded. We expressly deny liability for damages not on the delivered item itself. We also do not accept liability for loss of earnings resulting from consequential damages (loss of use etc) or any other financial loss our business partner experiences.
6. Applicable Law, Place of Jurisdiction
Only German law applies.
The place of jurisdiction for traders, for persons with no general place of jurisdiction in Germany, as well as for persons who moved their domicile or place of residence abroad after signing the con-tract, or whose residence is unknown at the time of a legal dispute, will be 96145 Seßlach. We also reserve the right to sue in our business partner’s place of jurisdiction.
These terms and conditions take immediate effect. Any earlier terms and conditions forfeit their validity.
8. Severability Clause
If any part of this contract is or becomes unenforceable, the rest of the contract shall remain unaffected. The affected clause shall be replaced by one that most closely represents the intended economic meaning.
Any differing agreements or assurances are to be confirmed in writing.
10. Revocation Instructions
If our business partner has completed a contract for goods or services with us solely using means of distance communication, they may, as a user, revoke their declaration of intent referring to the conclusion of the contract within one month, in writing (e.g. letter, fax), without the need to give a reason. If the order is transferred before the end of this period, the business partner may also revoke their declaration by returning the goods to us. This notice period begins once these instructions have been received in writing, but not before the recipient has received the order (in the case of repeated deliveries of the same products, not before delivery of the first batch) and not before the fulfilment of our information duties in accordance with Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the EGBGB (Introductory Act to the Civil Code) as well as our duties as outlined in § 312g paragraph 1 sentence 1 of the BGB in conjunction with Article 246 § 3 of the EGBGB. To comply with the terms of revocation, the timely dispatch of the items is sufficient. Returns should be sent to:
Mey SYSTEMS GmbH
Merlach Nr. 16
Fax: +49 9567 9226-36
In the case of a successful revocation, the services received are to be returned, along with any additional uses (e.g. interest). If our business partner cannot return the services received (e.g. benefits of use), or only partially or in a deteriorated state, they are obliged to provide compensation. In the case of deterioration and benefits of use, compensation must only be provided if the use or the deterioration is linked to a circumstance involving the item in question that goes beyond the examination of the product and its functions. ‘Examination of the product and its functions’ refers to the reasonable test-ing and trying out of the wares in question, as usually possible and acceptable in a shop.
Items suitable for shipping as parcels are to be returned at our own risk. Items not suitable for par-cel shipping can be picked up from our business partner on request. Regular transport costs for the return are to be beared by our business partner.
Reimbursements must be paid within 30 days. For our business partners, this period begins on the date of the revocation statement, and, for us, on the date of reception.
In accordance with § 312d paragraph 4 of the BGB, this revocation right does not exist in the case of contracts concerning delivery of wares produced to the specifications of our business partners or altered to their needs.