1. Scope of application
1.1 The following conditions of sale, delivery and payment apply to all contracts, deliveries and other services including consulting services and information.
1.2 They also apply to all future contracts with the customer as well as to future deliveries and other services.
1.3 Contradictory terms and conditions are contradicted.
2. Contract conclusion
Orders to us, contract amendments and supplements as well as side agreements require the written form. Orders placed by telephone or in any other form shall be deemed to have been accepted if the goods have been sent or handed over and invoiced.
3. Prices, price lists
3.1 Our prices are ex works. The prices apply at the time of placing the order. The VAT is not included in the price and will be invoiced at the statutory rate.
3.2 For special transactions (eg bulky goods, express orders, general cargo) meiba.tech is entitled to charge higher service fees.
3.3 If the delivery is desired within 24 hours, an express flat rate of 7.50 Euro plus shipping costs will apply.
3.4 If the agreed delivery period is longer than one month from the conclusion of the contract, we are entitled to charge the prices according to our price list valid on the day of delivery.
3.5 When invoicing, the prices per pack unit are rounded to full cents (third decimal place greater than 4 is rounded up, otherwise rounded off) and multiplied by the order quantity.
4.1 Our invoices are payable within 14 days of invoicing without deduction.
4.2 The customer is in default of payment upon receipt of the first reminder or without a reminder 30 days after the due date and receipt of an invoice in accordance with § 286 Abs.3 BGB. In the event of default we are entitled to default interest in accordance with § 288 BGB (German Civil Code), subject to proof of further default damage.
4.3 A set-off with unrecognized or not legally binding claims of the customer is excluded. This also applies to a right of retention because of such counterclaims, insofar as these claims are not based on the same contractual relationship.
5.1 Our delivery obligation is subject to full and correct self-delivery, unless the non-delivery or delay is our fault.
5.2 For custom-made items, excess or short deliveries of up to 10% are permissible and will be included in the invoice.
5.3 With regard to the dimensions specified for our delivery items, we reserve the customary deviations.
5.4 We are entitled to reasonable partial deliveries.
5.5 If the dispatch of the ordered delivery items is delayed for reasons for which the customer is responsible, the risk shall pass to the customer upon receipt of the notification of readiness for shipment.
5.6 The reliable shipment of the ordered goods is ensured by us. The parties agree that in case of dispute, the purchaser is responsible for proving the non-receipt of a delivery.
6. Delivery periods
Agreed delivery periods shall be extended appropriately in the event of unforeseen obstacles beyond our control, such as strikes, lockouts, breakdowns, delays in the delivery of input material, regardless of whether these obstacles occur to us or to our supplier. We are not responsible for such circumstances even if we are already in default. If they occur, both parties are entitled to withdraw from the contract.
7. Retention of title
7.1 The items delivered by us remain our property until all our present claims against the customer, as well as the future ones, as far as they are related to the delivered items, are fulfilled.
7.2 The purchaser is entitled to resell the delivery items (reserved goods) in our ownership in the ordinary course of business. However, he hereby assigns to us all claims arising from this resale, regardless of whether the reserved goods are resold before or after processing, or whether or not they are connected to a piece of real estate or movable property. If the reserved goods are resold after processing or together with other goods that do not belong to us, or if they are combined with a property or movable property, the customer’s claim against his customers in the amount of the delivery price agreed between the customer and us for the Reserved goods as assigned.
7.3 To collect this claim, the purchaser is also authorized after the assignment. Our right to collect the claim ourselves remains unaffected, but we undertake not to do so as long as the purchaser duly fulfills his payment obligations. If the purchaser makes use of the collection authority, we shall be entitled to the proceeds collected in the amount of the delivery price agreed between the purchaser and us for the reserved goods.
7.4 Processing or reshaping of the reserved goods shall be carried out without obligation to us. If the reserved goods are processed with other items, we acquire the co-ownership of the new item in proportion of the market value of our goods to the value of the other processed items at the time of processing. The customer will keep the new thing with the customary care free of charge for us.
7.5 We undertake to release the securities to which we are entitled on request insofar as their realizable value exceeds the claims to be secured by more than 20%.
7.6 If we accept bills of exchange as a means of payment, our retention of title shall continue until it is clear that we can no longer be drawn from this change.
Obvious defects must be reported in writing and specified within 10 days after receipt of the goods.
Despite legal limitations and shortcuts, we grant the purchaser unrestricted statutory warranty rights.
10. Exclusion of claims for damages
10.1 We are liable – for whatever legal reasons – for damages caused as a result of failure or incorrect execution of proposals or consultations made before or after conclusion of the contract or breach of other ancillary contractual obligations – especially instructions for operation and maintenance of the delivery item always – only in cases of gross negligence on the part of our organs or our executives in the event of culpable injury to life, limb or health, in the case of defects which we have fraudulently concealed or whose absence we have guaranteed, in the case of defects in the delivery item, as far as product liability law for persons – or property damage to privately used property is liable.
10.2 In the case of culpable breach of essential contractual obligations, we are also liable for gross negligence of non-executive employees and for slight negligence, in the latter case limited to the contract-typical, reasonably foreseeable damage. Further claims for damages are excluded.
10.3 For damage due to late delivery within 24 hours, meiba.tech is liable up to a maximum amount of 150, – EUR per order. The assertion of further damages due to delay is excluded.
11. Characteristics of state
The information contained in web pages, brochures, catalogs, advertisements and price lists or in the documents belonging to an offer, drawings, illustrations, samples, brochures, technical data and catalogs and other technical data, recommendations for use are non-binding, they do not exempt the purchaser from checking the goods for their suitability and the intended purposes, procedures and applications. They become part of the contract only if and insofar as they have been expressly confirmed by us as binding. Guarantees of quality are only those expressly designated as such in the order confirmation. Application, use and processing of the purchased goods are the exclusive responsibility of the purchaser. We reserve the right of ownership and copyrights to illustrations, drawings and other documents. They may only be used for the contractually intended purpose and not made available to third parties without our consent.
12. Place of performance, jurisdiction, applicable law
12.1 Place of performance is Echterdingen, Germany.
12.2 Jurisdiction for all disputes arising from our legal relationship with the purchaser is Böblingen.
12.3 All pending matters are binding to the legislation of the Federal Republic of Germany and the European Union.