MP Design & Technik GmbH
Gestaltung und Herstellung
Wunsiedeler Str. 1
D- 95682 Brand
Telefon: +49 (0) 92 36 / 96 82-0
Fax: +49 (0) 92 36 / 96 82-36
Munich HRB 92 8 90
TAX-ID-Nr.: DE 129 420 725
Chairman of the board:
Conditions of sale, delivery and payment (imprint):
Merchandise shall be delivered subject to reservation of ownership, remaining
our property until it has been paid for in full. The purchaser is obliged
to resell our goods subject to reservation of ownership, unless he has
paid for them immediately. The reservation of ownership applies to the
case of any balance of account that has been confirmed. The ownership
reserved shall then count as security against the claim on the balance.
Goods subject to reservation of ownership may neither be pledged nor assigned
as security. In the case of third parties making seizures or seeking other
impairments of our rights we must be notified thereof immediately. When
orders are placed with us, the following conditions shall become elements
of all our current and future quotations, order confirmations and contracts
to be concluded. Any purchasing conditions of the purchaser that contradict
our conditions shall only be binding for us if we have recognised them
explicitly in writing. Our silence with regard to any differing conditions
of the purchaser, whilst referring to his general business and / or purchasing
conditions, shows that we are not prepared to comply with such conditions.
Orders count as having been accepted if they have been confirmed by us
in writing or have been fulfilled. If no written confirmation has been
sent, the invoice shall count as order confirmation. Subsidiary agreements,
amendments and supplements are only valid if we have confirmed them in
Quotations are made without obligation and are not legally binding to
us. The sending of our price lists, catalogues, brochures and so on do
does commit us to delivery. Illustrations, sizes and weights detailed
in our catalogues and brochures must always be regarded as approximate.
We reserve the right to make changes and variations without notice, and
also to use different materials. In the case of errors in the catalogue,
price lists, brochures, quotations, order documentation, invoices or other
statements, we reserve the right to rectify them and, if necessary, to
raise further debit notes without giving prior notice thereof.
Details of delivery times are not binding to us. We have the right to
make part deliveries. Non-compliance with delivery times shall not entitle
any compensation or any withdrawals from the contract.
Acts of God that make it difficult or impossible for us or for our suppliers
to deliver, or possible to deliver only at a loss, give us the right to
postpone our performances under the contract for the duration of the obstruction
concerned or to withdraw, either in whole or in part, from the contract.
The same applies to any official occurrences or other ordinances, factory
stoppages, difficulties in procuring materials and personnel, accidents
and transportation difficulties together with any other incapacity to
deliver that is neither our fault nor that our suppliers. In the event
of difficulties that effect deliveries, merchandise shall be allocated
at our discretion.
Our prices are ex-works, subject to change and exclusive of packaging.
We reserve the right to change prices without prior notice. In the case
of changes to price or foreign exchange rates, the prices and rates applicable
on the date of delivery shall be charged. In the case of export orders,
prices are quoted in Euro or US$ unless some other agreement has been
reached. Our prices are exclusive of the current rate of Value Added Tax
applicable by law.
Shipping shall be at the purchaser’s cost and risk without exception.
Shipping arrangements are made at our discretion. The purchaser’s shipping
requirements are not legally binding to us. Risk shall pass to the purchaser
as soon as the shipment has been handed over to the person who is executing
transportation, or has left the factory or our warehouse for the purposes
of despatch. We deliver carriage paid in the case of orders from dealers
within Germany having a net goods value of Euro 500.00 and above. This
does not apply in the case of special prices or wholesale prices. In the
case of delivery to end consumers in Germany, costs of carriage and COD
shall be payable - these can be obtained from the current respective price
list or from the Internet shop. Despatch to end consumers in Germany shall
be by UPS or by post. Please ask about the costs for carriage and COD
in the case of deliveries outside Germany. Catalogues are sent free of
charge within Germany, but the costs of sending them outside Germany must
be borne by the persons or firms requiring them.
Packaging shall not be taken back.
We assume responsibility for parts delivered by us being in perfect condition.
Our obligation to furnish guarantee is exactly in line with the manufacturers’
guarantee conditions. In this respect we cede our guarantee claims against
the manufacturer to the purchaser. Our liability shall in each case be
restricted to the delivery of replacement(s) free of charge or to repairs
to the part(s) in question, according to manufacturers’ conditions. No
compensation shall be paid for damage that has been caused directly or
indirectly. Claims such as the cancellation of sale and price abatement,
and reimbursement of wages, contract penalties and other losses incurred
as a result of default and so on, are ruled out. Each and every obligation
to furnish guarantee shall lapse if the manufacturing factory’s operational
or maintenance instructions are not followed, or if changes are made to
products - such as delivered parts being varnished. Natural wear and tear
and damage as a result of improper handling are also excluded from the
guarantee. In so far as special manufacturers’ guarantee provisions exist
for specified parts, we have the right to make use of them, even if the
purchaser is not aware of them. We shall, upon request, make these available
to the purchaser.
It is a prerequisite for the handling of deficiency claims that the goods
in question are still at their destination and that complaints regarding
incomplete or incorrect delivery, as well as regarding discernible deficiency
are asserted within 8 days of receipt by means of registered letter, otherwise
deficiency claims shall expire. The purchaser has no right to withhold
the purchase price on account of any deficiency claim that has been raised
- on the contrary, the fulfilment of the agreed payment obligations by
the purchaser is a precondition of the handling of the complaint. Parts
that are being complained about must, in each case, be sent back free
of charge. We shall only accept back goods that have been properly delivered
if we have agreed in advance to do so, in which case 90% of the purchase
price at the most may be credited if the goods and their packaging are
still in saleable condition. Return transportation must be at the cost
and risk of the purchaser.
Our invoices are payable, without deduction, immediately after they have
been raised, unless some other arrangement has been agreed, and we do
in fact reserve the right to despatch goods only against payment as cash
on delivery without detailing our reasons for doing so. We have the right
to charge interest at the current level stipulated by law in the case
of delay in payment. Payment by cheque only counts as having been effected
when our collecting bank has credited our account. Bills of exchange are
only accepted by prior agreement and with the proviso of discounting on
account of payment. Discount charges shall always be borne by the purchaser.
In the case of bills of exchange remaining in our securities account,
we have the right to charge the private banks’ discount charges. If the
financial circumstances of the purchaser deteriorate subsequent to his
placing of the order, or if it turns out, upon the basis of information
obtained, that we have misgivings about the purchaser’s credit-worthiness,
we have the right to demand payment in advance or securities against payment.
If the purchaser is in arrears with one payment then all our claims shall
become payable immediately, irrespective of the period(s) of time for
payment that has/have been granted. In that case we have the right to
refuse deliveries that have not yet been executed or to make them dependent
on payment in advance or on the provision of security. If delivery has
already been made, we may make our claims payable immediately.
No claims of any kind whatsoever may be asserted against us by means of
objection, setoff, withholding, counterclaim, cancellation or abatement.
If the purchaser does not take delivery of the goods, or if the delivery
cannot be made for other reasons for which it must be answerable, we have
the right to be released from our obligation to deliver and also to demand
compensation to the extent of 25% of the value of the order.
Should the purchaser fall into payment arrears we have the right to demand
return of the goods and have them collected by our representatives, with
the costs arising in this respect being borne by the purchaser. Neither
the taking back nor the pledging by us of goods subject to reservation
of ownership shall count as repudiation of the contract.
Claims both against us and also against our vicarious agents for compensation
in damages arising from the impossibility of performance, from a positive
breach of obligation, from culpa in contrahendo, and from unlawful acts
are ruled out, unless deliberate or grossly negligent action has been
Proof of the despatch to the purchaser’s address that has been made known
to us shall be sufficient for the service of written declarations, and
particularly of order confirmations, to the purchaser. Munich is the place
of fulfilment and of jurisdiction. Only the law of the Federal Republic
of Germany shall apply, even in the case of business transactions with
foreign firms or of deliveries outside Germany. If the purchaser has its
domicile or business address outside Germany, we may also appeal to the
respective local court of the purchaser outside the Federal Republic of
Germany. The ineffectiveness or invalidity of any of the above-mentioned
provisions shall not affect the other provisions. If any provision of
this contract is ineffective, then either party may demand that a new,
valid provision be agreed that shall be as effective as possible in achieving
the purpose of the ineffective provision.
Internet: with reference to the judgement dated 12 May 1998 of the Hamburg
Regional Court, we distance ourselves explicitly from the content of linked
pages. We have listed links to other pages on the Internet regarding whose
formulation and content we have no influence of any kind. This declaration
applies to all links. Should we, as a result of using graphics, programmes
or downloads of any kind, infringe upon any established copyrights, then
we ask that this be communicated to us by means of an e-mail. Unfortunately,
it is not always possible for us to know the origin, for example, of graphics.
If it is therefore the case that any of the graphics or similar features
that we have used is subject to a copyright, then we shall of course remove
it immediately. In so far as we are made aware that either the form or
content of linked pages does not conform to German or international law,
to Internet law and/or "netiquette", we shall delete that link forthwith.
We would be grateful for such links to be reported to us by e-mail.
The purchaser declares his agreement to data relating to his personnel
and to his commercial activities being stored on our EDP installation.
All contents of this Internet page are property of the MP Design & Technik
GmbH and are subject to the copy protection. Copyright 2003.
MP Design & Technik GmbH