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Müller Präzisionteile
 
 
Terms & Conditions
 

I. Scope and obligation to deliver
 
These provisions shall apply to all business dealings, even if this is not mentioned specifically in individual cases.
 
Our General Terms and Conditions only shall apply. Contrary or other terms and conditions of the purchaser which deviate from our terms and conditions will not be recognized unless expressly approved by us in writing. Our General Terms and Conditions also apply if, despite knowing of contrary conditions or conditions and terms of the ordering party that differ from our sales conditions, we make delivery to the ordering party without reservations.
 
The ordering party as the manufacturer of the end product is also responsible for the vendor part insofar that he must verify that the vendor part is suitable for use in the end product.
 
II. Price
 
Our prices are subject to change and are valid ex works, without packaging unless agreed otherwise. The agreed prices apply to the contract in question only. They are based on current material and labor costs. Should these costs increase during the period of contract, we reserve the right to charge the price valid at the date of delivery.
 
Errors in offers, calculations, confirmations of order, invoices, etc. and write/type errors are not binding on us.
 
 
III. Reservation of proprietary rights
 
Goods supplied or processed by us remain our property until all payments have been effected. The ordering party/buyer is entitled to resell the product within the normal scope of business dealings, however, our rights must be ensured when reselling products under retention of ownership. Transfer by means of security or pledging is not permitted. We must be notified immediately in case of pledging or foreclosure.
 
If the goods supplied or finished by us are processed, we become a co-owner of the product in proportion to the value of our products or services under retention of ownership and the goods at the time of finishing. If goods or services under retention of ownership are combined with goods that do not belong to us according to Articles 947, 948 of the German Civil Code, we become co-owner according to the legal regulations.
 
If products or services under retention of ownership are sold by the ordering party/buyer alone or together with goods or services that do not belong to us, the ordering party/buyer immediately assigns to us the receivables due from the resale to the amount of the value of the products or services under retention of ownership, including all ancillary rights und with prior ranking. Checks and bills of exchange are regarded as payment only after their encashment. Therefore all goods supplied remain our property until complete payment of all receivables.
 
 
IV. Shipping
 
The goods are shipped at the expense of the ordering party and all risks are transferred to the ordering party when the goods are shipped. The shipping method is determined by us as expedient. Costs for requested express deliveries are borne by the ordering party.
 
Should the ordering party’s materials or products become defective or unusable as a result of our processing we accept no liability for this except in cases of intent or gross negligence. We also accept no liability for theft, fire, or other events that reduce the value of the product/material. At all events our liability is limited to the value of the processing carried out by us.
 
V. Warranty and liability for defects
 
If we receive materials and products to be processed from the ordering party, we will carry out the agreed service as stipulated in the contract with all due care.
 
Should the ordering party’s materials or products become defective or unusable as a result of our processing we accept no liability for this except in cases of intent or gross negligence. We also accept no liability for theft, fire, or other events that reduce the value of the product/material. At all events our liability is limited to the value of the processing carried out by us.
 
 
VI. Terms of payment
 

  1. Payment must be made as stipulated on the reverse.
  2. If the supplier agrees to accept bills of exchange, the discount charges and interest are to be borne by the buyer.
  3. If payments are deferred or if the buyer is in default of payment, interest at a rate of 8% above the base interest rate of the European Central Bank at the time will be charged without prior warning. We reserve the right to charge for additional costs arising from the delay.
  4. If the buyer is in default of payment, the supplier has the right to immediately demand payment of all outstanding claims, including any bills of exchange received. In such a case, the supplier has the right to demand advance payment for deliveries not yet made.
  5. Retention of payments on the basis of counterclaims by the customer not recognized by the supplier or their deduction from outstanding payments is not permissible.

 
 
VII. Statute of limitation
 
The period of limitation for claims and rights due to faulty services provided by the company, on whatever legal grounds, is one year unless legal regulations explicitly stipulate a longer period of limitation.
 
 
VIII. Place of Jurisdiction
 

  1. The place of performance is Pyrbaum and the place of jurisdiction is Nürnberg for both parties, also for claims arising from bills of exchange and checks.
  2. All contractual relationships shall be subject solely to German law and shall be excluded from the UN Convention on Contracts for International Sale of Goods (CISG).
  3. If any provision of this contract is invalid, this shall not affect other provisions of this agreement.